Legal Question in Wills and Trusts in Wisconsin

Mutual Fund Info

My mother passed away and had a zero balance in her mutual fund along with lots of other bills---basically she passed away in debt. I am her personal representive and I want to give my other siblings the statement to her mutual fund account saying it was zero. However, the company said that I need a letter of testamentary. I understand the only way you can get this is if you've entered probate. However, we won't be going through probate because she had no assets. So, how do I get this info? I was her POA and Personal Representitive.

Any info would be great. Thank you.


Asked on 4/08/09, 5:27 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Mutual Fund Info

If there is a zero balance in the account, I can think of no reason to do anything further. Are you worried that no one will believe you? If you need testamentary letters to get information how do you know the balance is zero? Any interested person can start a probate proceeding, so you could tell your siblings that if they do not believe you that they can start a probate and find out for sure. You can also tell them to call the mutual fund account holder and confirm that NO ONE can get any money without being appointed as PR - that should convince them that you are being truthful and that even if you weren't you couldn't get any money out anyway.

On the other hand if you wish to jump through the hoops, there is a procedure IN LIEU OF PROBATE to transfer up to $50,000 in gross assets. It is called an Affidavit for Transfer of Assets using form PR-1831. You can get a copy of the form at the register of deeds office. You can fill it out and include the account with a listed value of Zero along with any other assets (furnishings?)so that the account will be transferred to you. The mutual fund account manager should accept that document just like he would accept testamentary letters and he should give you the statement you seek.

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Answered on 4/08/09, 6:34 pm


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