Lawyers, Answer Questions  & Get Points Log In
Wisconsin Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: Deed stolen to deceased relative home. Hear they are putting their name on deed. What are our options?

Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?

Jason Anthony Greller
Jason Anthony Greller
answered on Dec 2, 2018

The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it... View More

1 Answer | Asked in Probate for Wisconsin on
Q: My parents died six months apart the will was revised but not signed when my mother died, why is probate required?

My father died in March due to an auto accident. My mother died in September due to another auto accident. My mother had received the will revision but didn't sign it before her passing. The home had been in both parents name and both had their own wills, which were identical. Why are we... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Oct 29, 2018

The law in Wisconsin requires a probate to be opened in a person's estate is worth more than $50,000.00. Based on your facts, your mother owned a home when she died and had assets totaling $85,000 that need to be distributed. The only way to distribute those assets (regardless if her Will... View More

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: Is there any legal way to disown my mother and my sister?? I want nothing to do with my moms estate when she passes

I want nothing to do with my sister also when dealing with my moms estate. I basically want to erase any obligations i would have it either would pass away.

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

When your mom passes, you can disclaim any inheritance.

1 Answer | Asked in Probate and Estate Planning for Wisconsin on
Q: How can an affidavit be filed if there was a will.

I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: My son at just 41 years old passed on. He was living with a woman but not married. As his mother I am next of kin.

How do I access his belongings? He also has two precious children. What are my grandparent rights?

Thank you kindly for your time,

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

Sorry for your loss. His children are his beneficiaries and legal heirs. The children are the ones who would receive your son's assets and belongings.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Wisconsin on
Q: If your Mother is in a nursing home and she inherits $100,000. Who gets the money...nursing home or remaining children?

The mother has a bad case of Alzheimer's.

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian)... View More

1 Answer | Asked in Civil Litigation, Contracts and Probate for Wisconsin on
Q: My stepfather died I hv power of attorney. Want to sell his van but has lean on it frm quick title loan. Do we hv to pay

This is in state of wisconsin. Need to sell van. But can not get clean title to van do we need to pay this off first. Or was this his debt?

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.

1 Answer | Asked in Probate and Divorce for Wisconsin on
Q: I inherited an antique car from my grandfather. In Wisconsin,is this even considered property to split?
Sallie Leigh Rubenzer
Sallie Leigh Rubenzer
answered on Mar 1, 2018

It is not. In Wisconsin gifted and inherited property is not included as divisible marital property.

1 Answer | Asked in Wrongful Death, Estate Planning and Probate for Wisconsin on
Q: My son at just 41 years old passed on. He was living with a woman but not married. As his mother I am next of kin.

How do I access his belongings? He also has two precious children. What are my grandparent rights?

Thank you kindly for your time,

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Contact an estate attorney in the county where he was living. They can best discuss those issues.

1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Q: Can Menoninee Michigan Extradite Me From Marinette Wisconsin If I Absconded From Misdeamenor Probation?

Marinette and menoninee are right next to each other there's a bridge that separates both so they are literally a mile apart

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 13, 2017

Yes, but they usually don't due to cost as it is a misdemeanor. Try to work it out through an attorney and the DA in Michigan.

1 Answer | Asked in Civil Litigation, White Collar Crime and Probate for Wisconsin on
Q: I was served for a civil suit down in Raleigh, NC. I live in Wisconsin, can I obtain legal services here?

What type of lawyer would best handle my defense in a civil suit? I'm being accused of altering and destroying an original will and committing fraud involving an insurance claim that I'm not in any form listed as a beneficiary. The father of my children was listed as the sole heir. We... View More

William F Sulton
William F Sulton
answered on Jul 5, 2017

You need a lawyer that specializes in litigation.

1 Answer | Asked in Collections and Probate for Wisconsin on
Q: Can Aurora Health Care automatically send bills for deceased patient to collection agency? It's their new policy.

I received first and only bill for my deceased mothers care May 30. Called for itemized bill June 1 and was told I could not have itemized bill because deceased patient's accounts are blacked out upon death, however, I might be able to get a copy after her account is closed. Then on June 9 I... View More

Nathan DeLadurantey
Nathan DeLadurantey
answered on Jun 15, 2017

Are they sending the bill to you? Sounds like you need to locate a Wisconsin consumer law lawyer to review the letter for you. They shouldn't charge you anything to review the letter, explain your rights, and give you some advice.

1 Answer | Asked in Probate for Wisconsin on
Q: Does my mother's estate have to go through probate? my father is still alive, everything is held jointly, no debts.
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2017

If indeed EVERYTHING is held jointly WITH RIGHTS OF SURVIVORSHIP then no, probate probably isn't needed.

If there is ONE asset not held that way, things get less clear, but there are probably 'expedited' methods available to handle small accounts or assets.

Seek...
View More

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Wills and trusts

My great grandpa dies back in September 2008 and my uncle was labeled as the trustee and he has simply diluted what was give to me to other family members with in his family also ive been alienated from the family since the passing of my great grandpa. My great grandpa lived in Wisconsin and his... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 23, 2017

You have to file a Complaint in Wisconsin.

1 Answer | Asked in Probate for Wisconsin on
Q: I live in wisconsin my dad died he had no will his home is paid for . how can i put the home in my name?
Ben F Meek III
Ben F Meek III
answered on Mar 17, 2017

To pass title to any real estate he owned, including the house, you will probably have to go through probate proceedings. If he had no Will his heirs at law will inherit according to the succession laws of his state. If you are the sole heir, you will own it alone. There are many unanswered... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.