Legal Question in Wills and Trusts in Wisconsin

My father passed away, my mother is deceased, the family couldn't agree on one of the siblings being appointed the Executor, Trustee. Our attorney suggested an independent Executor, a retired local banker, and the family approved. He was appointed by the court. I met with him for the first time yesterday to tour my Dad's house. He stated he had already decided on doing an online auction to sell off the personal belongings, furnishings, etc. My Dad has a shop full of tools also, he built airplanes. I asked him who he had in mind to handle the auction. He replied that his son was going to do it, he has an auction business. We toured the home, the home is rundown and needs work. When I discussed this with him he said no, just going to sell it like it is. The carpet is heavily stained and old. My mother was a heavy smoker and the walls are yellow. He said he already had a realtor. I asked who. He said his son, he also has a Brokers license. This doesn't sound kosher to me. Opinion? We live in a small town notorious for friendliness among lawyers, judges, etc.

Asked on 3/02/16, 9:06 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

I agree, your situation doesn't sound good. I think you should have an attorney ask the court to replace the current Personal Representative based upon conflict of interest, since he's had two chances to do things for the estate and has passed both onto his son. Unless this guy is a friend of the judge's, you will probably get a new appointment. Good luck!

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Answered on 3/04/16, 6:56 am

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