Legal Question in Wills and Trusts in Wisconsin

Re: Estate Inquiry

As you describe it your stepfather did not have a will, is that right? If so everything that HE owned at the time of his death will go to his blood relatives under the laws of intestate succession. See Wis. Stat. 852.01

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 the following property:

a. The decedent�s interest in marital property.

b. The decedent�s interest in property held equally and exclusively with the surviving spouse as tenants in common.

(b) To the issue, per stirpes, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving

spouse.

(c) If there is no surviving spouse or issue, to the parents.

(d) If there is no surviving spouse, issue or parent, to the brothers and sisters and the issue of any deceased brother or sister per

stirpes.

Follow the chart: I believe from what you said this means all of his property goes to his children unless your mother had a right of survivorship (like on a property deed), was a beneficiary (like insurance or IRA etc)or was entitled because of some other non-probate transfer. This would not be the case is your mother could prove SHE owned the personal property. But she would not have any legal basis to transfer to herself any assets titled in her husband's name alone (automobiles).

You need to check carefully to make certain how property is titled and whether there is any basis for a non-probate transfer.