Wisconsin Estate Planning Legal Questions

If the total value of all assets that were titled solely in the name of your mother that did not pass to beneficiaries by virtue of beneficiary designations or transfer on death designations is less than $50,000, then Wisconsin law provides that the assets can be transferred by virtue of a "Transfer by Affidavit". This Affidavit can be executed by any heir of the decedent, trustee of a revocable trust created by the decedent, or person who was guardian of the decedent at the time of her death. The form can be obtained from the Wisconsin Court System website at www.wicourts.gov. However, to ensure all legal requirements are met, it is would be wise to consult with a Wisconsin probate attorney.... Read More

If your mother died unmarried with no will, then all of her assets (other than assets titled jointly with another, with a payable on death designation, or with a beneficiary designation) should be distributed to her children, in equal shares. If she has any deceased children, then such deceased child's share would pass to his or her descendants. Depending on the total value of her estate, and depending on whether or not her boyfriend will cooperate, a probate proceeding may be necessary. Note that, if your mother had a will in place at the time of her death, then her assets should ultimately be distributed according to the terms of her will.... Read More

The Transfer by Affidavit should have listed all assets that were titled in your father's name, including his bank account and the two checks (the total value of all assets combined must be less than $50,000). Provided all assets were listed within the Affidavit, you may be able to bring the original Transfer by Affidavit to your father's bank, deposit the checks into his account, then ask the bank to liquidate his account and write you a check for the balance. If the bank will not deposit the checks, you will need to provide a copy of the Transfer by Affidavit to the IRS and to the utility company along with a request for each organization to reissue the checks in your name. If all assets were not included, you must first amend the Transfer by Affidavit before these institutions will assist you.... Read More

An copy of an unsigned will is not admissible, unless you have evidence to prove that your uncle actually properly executed this document (i.e., testimony of subscribing witnesses). Further, please note that your uncle's life insurance company will distribute the life insurance proceeds directly to the designated beneficiaries of the policy, outside of probate and despite any contrary provisions contained within his will.... Read More

Inheritance of an insurance policy is governed by the beneficiary designation supplied by the owner of the policy to the company. If you have reason to suspect that the designation was not the policy owner's true intention you should consult a probate attorney to review the situation and advise you.... Read More