Legal Question in Wills and Trusts in Wisconsin

I am currently living in Turkey. My dad (wisconsin resident) passed away. He said he had life insurance but I cannot reach those documents. Can I get the insurance and military allowance of my late father?


Asked on 1/04/12, 12:03 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Possibly, but I could not answer this question without knowing more; the biggest concern being whether you are the sole heir (as opposed to there being a surviving spouse or other children). Access to banking and other records would normally be limited to the court appointed personal representative, although nobody will ever be appointed unless someone asks a court to do this. Unless there are assets needing probate attention (which is only really needed if the name on the title to any asset needs to be changed). Any concerned party can apply to the court to become personal representative, assuming that nobody else has already done this. Aside from the "PR," the beneficiaries of life insurance policies would also be able to get this information and would receive payment from any life insurers. Likewise, any joint bank account holders would have access to records and funds withdrawal for any accounts which your father may have placed into any form of joint ownership or "POD" (payable on death) status without the involvement of any court. Even though you are overseas, any attorney who you retain should be able to act on your behalf and make all of these requests for you. You therefore need to promptly get in touch with an experienced probate or estate attorney. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 1/05/12, 11:29 am


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