QUESTION
My dad passed away unexpectedly. Does not have a will and is not married. His brothers and refusing to give me my dads assets. What do I do legally?
Asked on Aug 20th, 2019 on Wills and Probate - Wisconsin
More details to this question:
My dad passed away last monday. His next of kin is my siblings and myself. He is not married and does not have a will. His brother and friend took all of his assets right after he passed away. How do I legally obtain all of his stuff when they are refusing to talk to me or give me anything.
2 ANSWERS
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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.
Answered on Aug 27th, 2019 at 12:34 PM
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Contact a local probate lawyer about filing for a Determination of Heirship and Issuance of Letters of Administration. Once the court has appointed you administrator of your father's estate, apply for a turnover order, ordering your uncle and his friend to turn everything over to you.
Answered on Aug 21st, 2019 at 5:29 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.