Legal Question in Wills and Trusts in Wisconsin
probate law in wisconsin
My sons' birth father passed away Oct. 6,1995. According to his current widow, there was no will. I contacted both by phone and mail, requesting the medals that their father received in Viet Nam. The only item that the boys must share is the flag that was draped over his coffin. I know that he had a substantial amount of money and real estate. He had NO children with is second wife. Our youngest son has numerous disabilities. What if anything can be done? One of his stepsons was or is a practicing attorney in Wisconsin!!
1 Answer from Attorneys
Re: probate law in wisconsin
Please review the following basic rules that would apply in an intestate (no will) succession:
852.01 Basic rules for intestate succession.
(1) WHO ARE HEIRS. Except as modified by the decedent's will under s. 852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent's surviving heirs as follows:
(a) To the spouse:
1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse and the decedent, the entire estate.
2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of decedent's property other than marital property.
(b) To the issue, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving spouse. If there are issue other than children, those of more remote degrees take per stirpes
If, in fact, your sons' father died without a will, then they may be entitled to one-half of the estate. You need to contact an attorney quickly.
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