Legal Question in Wills and Trusts in Wisconsin

estate

My sister died six months ago. She was unmarried and owned no property. She left a life ins. policy to me and a 401k to our mother. An attorney told us that we did not have to go through probate. My sister had many debts and we paid some of them. Now a debt collector is calling and calling asking us to pay the balance on a rather recent $10,000 loan ($9,000) my sister took out. I am not sure what became of that money. I wasn't aware of it. I told them there were no assets but they insist that they can file a claim in probate court. They are obviously trying to intimidate us with rude comments, etc. Can they file any kind of claim, even though there is no estate? They also offered to settle the debt.


Asked on 9/18/08, 10:18 pm

1 Answer from Attorneys
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: estate

If a petition for administration of an estate is not filed by a person interested in the estate (i.e. an heir) or by a person named in the decedent's will within 30 days of death, a creditor of the decedent can petition the Court for administration under the probate law.

In short, the creditor CAN file a claim and ask the Probate Court in your county to open the estate for admin.

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Answered on 10/02/08, 3:39 pm


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