QUESTION
What can be done if my Dad passed away 12/22/11 and he is married to a woman that says all his properties and assets are hers?
Asked on Sep 16th, 2012 on Estate Planning - Wisconsin
More details to this question:
My Father passed away 12/22/11 and his current wife says that all his property's prior to their marriage and deeds are just in his name are hers due to martial law. I was advised that half is just hers and other half is my sisters and I. I was also advised that the one home was inherited to him and she has no rights to at all, is this true? What about his trucks etc. He didn't add her name to nothing. What are my sister and I’s rights. The one home has been in the family for many generations, there is a mortgage that's not satisfied, so what will happen to that? She said he left no living will.
1 ANSWER
Assets, including real estate, that are titled jointly in the name of husband and wife generally pass to the surviving spouse upon the first spouse's death outside of probate. For any property that was titled solely in your father's name at the time of his death, that property may be subject to probate and should be distributed to his heirs at law where there is no will. However, in Wisconsin, a surviving spouse has certain homestead rights and other rights with regard to vehicles and personal property. You should speak with a probate attorney regarding your rights and options.
Answered on Sep 24th, 2012 at 2:00 PM