Legal Question in Wills and Trusts in Wisconsin

Death of an employee without will

We are an employer. Our employee died without a will or designated beneficiary. He has a surviving mother and 2 children. Who can we pay his wages to?


Asked on 7/21/09, 12:21 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Death of an employee without will

There are many, many ways property can move from a decedent to beneficiaries or heirs in Wisconsin. Here are some thoughts regarding the most common ways to solve your issue.

You could ask if there will be an estate started. If so, as soon as the personal representative is appointed, such person will have domiciliary letters that will authorize them to conduct needed steps to resolve the estate. You could make your check payable "to the estate of ...." and give the check to the personal representative.

If there is no estate commenced, you may have to wait until someone with proper authority gives you some paperwork authorizing you to transfer the final check to them. You would then have to have an attorney review this paperwork to assure it is proper.

Good luck!

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Answered on 7/21/09, 3:16 pm


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