Wisconsin Probate Legal Questions

You should find a lawyer who handles fiduciary litigation and expect to be required to pay the money back.  It was never yours to spend, whatever your circumstances.  You may also face removal as personal representative, a civil suit for fraud and conversion (converting the estate's money to your own) and possible criminal charges for theft.... Read More

When people die without a Will, any property left after all debts are paid goes to their heirs at law.  From your description, your father and his sister are your grandparents' only children.  What they do with their respective inheritances is up to them.  Your father can leave his to whomever he wishes in a Will or see it pass to his heirs at law.  You aunt can leave hers to whomever she wishes or see it pass to her heirs at law.  If your aunt dies without a Will before her husband, her inheritance will pass to him.  He can then do whatever he wants with it.  If he then dies without a Will, it will pass to his heirs at law, not to hers.... Read More

You cannot cash the check without opening an account for the estate.  If there was not enough to make it worthwhile to probate her estate and the amount of the check would not make it worthwhile, you can let the check go to unclaimed property with the state comptroller.  In four to six years (the length varies by state), you and any siblings can apply for the money.... Read More

Please talk with your probate lawyer.  In many states an heir's refusal to sign a Distributee's Agreement agreeing to your settling the estate with a power of sale means that the court must supervise the estate administration but not that it cannot go forward.  You might also remind you sister that after the estate is admitted to probate, she can disclaim her interest, giving you a signed and notarized disclaimer.... Read More

In Wisconsin, if the estate (all of the property that does not automatically transer by itself) is over $50,000, you will need to open a probate case to get Domiciliary Letters, which will appoint you as the Personal Representative. You will then have the legal authority to handle all of your late father's assets and property. If the estate is under $50,000, the process is much easier. You can fill out a Transfer by Affidavit form that will give you the same authority without court involvement.  In either case, the forms needed can be obtained from the probate court in the county where your father passed. The probate forms are also available online here, though you may want to talk with someone at the court or a lawyer before you go digging through the forms online, as there are a lot of them and they are not self-explanatory. ... Read More

The wife would have the legal ability to challenge thw Will in probate court once it is filed there after your father-in-law's death, not before.  Will contests are very difficult to win, however.  As long as your father-in-law understood the Will and signed it voluntarily with two witnesses, it probably would be found valid despite the challenge. Please note that most states, and Wisconsin is included, have laws that allow a surviving spouse to receive part of their deceased spouse's assets even if the spouse is not included in the Will.  Such laws are to provide for a surviving spouse, and do not take effect if the surviving spouse receives adequate assets from property owned jointly with the deceased spouse or for which she was named a beneficiary, such as retirement funds or life insurance.  The surviving spouse has to file with the probate court after their spouse's death in order to receive this share.  The rights of a surviving spouse are not dependent on the length of the marriage.   ... Read More

I think you are asking how long does one have to contest a will AFTER it has been admitted to Probate.  If this is your question, then typically folks get six months after admission of the will to probate to file a petition to contest a will.  It is the duty of the representative to defend  a will contest.  Hope that helps.... Read More

The property left to you in the Will will likely need to go through the probate process. I recommend contacting an attorney in your state who practices probate law. He or she should be able to guide you through the process. Try searching for an attorney on Lawyers.com in your city and state who practices Wills and Probate law. ... Read More