Legal Question in Real Estate Law in Wisconsin

My husband died and when I call the mortgage company they wont talk to me saying im not on the mortgage but my name is on the deed, they say I need to send them executor papers but my husband didnt do anything of that sort. WI in my understanding is a 50/50 state so what can I do to find out whats what with the mortgage


Asked on 12/09/10, 9:38 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Wisconsin is a "Marital Property" state. Marital Property is a very complicated concept. Whether your husband had a will, how his property was classified, and other factors, like whether he had children outside your marriage, all may affect his marital property. Your lender is asking you to get authority to handle your husband's estate. That authority is granted by way or receiving domiciliary letters from the court within which you petition to have his estate probated. Often there are simplified procedures, but overall, I'd say you need to meet with an attorney who is familiar with handling estates and he or she could guide you.

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Answered on 12/16/10, 6:20 am


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