QUESTION

Do my mother's belongings become the children after she dies?

Asked on Apr 09th, 2012 on Estate Planning - Wisconsin
More details to this question:
My mother died, and she lived with her boyfriend. It has been about six months and her belongings are still in his house. All of her belongings are now her childrens things, right?
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1 ANSWER

Estate Planning Attorney serving Madison, WI
Partner at Horn & Johnsen SC
1 Award
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.
Answered on Apr 11th, 2012 at 12:30 PM

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