Legal Question in Wills and Trusts in Wisconsin

I am 17 and my dad just died. What legal obligations to me does my stepmom have? She won't tell me if my dad had a will or not and is locking everything up. What can I do?


Asked on 11/22/12, 9:53 am

1 Answer from Attorneys

JAY Nixon nixon law offices

First of all, I would like to first extend my sympathies on the tragic death of your father. That being said, if you have doubts about your stepmother having your best interests in mind, you should contact an attorney, regardless of whether or not your father had a will. If you have trouble finding one, as a minor, you would often have an attorney appointed by any court to represent your best interests in any litigation, including probate litigation, if you, or anyone else, requested one. If your father had significant assets, you might therefore want to contact your local probate court to see if they would appoint someone for you, even before any estate is started. Either your guardian ad litem or your advocate attorney (if you had one) could be the one to initiate probate proceedings, if your step mother has not already done so, and then continue to oversee all future proceedings in order to protect your interests. On the other hand, if your father was indigent or owned no significant wealth, life insurance covering anything more than funeral expenses, or no real estate, then commencing an estate may be an unnecessary expense, since there would not be any property effected by the court's orders as to distribution of assets, payment of bills, or for setting up a minor trust for your support.. Even if there is a will favoring your step mother, your attorney may be able discover technical grounds to challenge it. If there is no will, all of your father�s children (as a group) and your step mother would normally split any net estate 50/50. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see 15 years of my answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.

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Answered on 11/22/12, 11:20 am


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