QUESTION

I HAVE A WILL LEFT TO ME IN MY NAME AND I DONT KNOW WHAT TO DO

Asked on Aug 12th, 2011 on Wills and Probate - Wisconsin
More details to this question:
I HAVE THE DOCUMENTS BUT I WILL LIKE SOME ONE TO LOOK THEM OVER I CANT FIND NOBODY WHAT SHOULD I DO
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2 ANSWERS

DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
3 Awards
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.
Answered on Sep 01st, 2011 at 1:05 PM

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I practice law in IL so please consult an attorney in your home state for the laws specific to WI. When you state there's a will left to you in your name, I am assuming you mean you were named the Executor in the will.  The Executor is the person named in the will to carry out the wishes of the person who died.  So this named Executor follows the instructions given in the will and makes sure everyone named therein gets his/her "stuff."  The Executor administers the estate....so he/she pays the taxes, pays any allowed claims filed against the estate, takes care of any property or sales such if necessary, etc. When someone dies and leaves a will, that will has to be filed with the Clerk of the Circuit Court and proved as valid to open the estate and allow for the carrying forth of the instructions set forth in the will (Probating the Will).  So your first step is to ensure that the will in your possession gets filed.  So you've got to find out where the courthouse is, find the office of the clerk and file the will.  Depending on the size of the estate left (meaning what's the value of all the "stuff" left behind by the individual who died), you may choose to open a probate estate or utilize a small estate affidavit.  Typically a probate estate would need to be opened if there is real estate involved and or the estate is valued at more than $100,000.00.  A Small Estate Affidavit can be utilized when the estate has no real estate, no claims are filed against the estate and the value of the total  assets is under $100,000.00.  You advised you have the documents and want someone to look them over so I recommend you look in your local yellow pages for an attorney who specializes in Probate Law.  A Probate Attorney will be able to assist you in determining whether you need to open a probate estate or use some other vehicle to administer the estate.
Answered on Aug 18th, 2011 at 5:20 PM

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