Legal Question in Wills and Trusts in Wisconsin

My father passed away last week. His assets include ~$12K in a checking account, and a home that is currently on the market for $149.9K (although the realtor has recently asked if he can reduce it to $139.9K). He owes approximately $125K on his home. My question is as follows: As his son...and the person who was asked to sign the paperwork at the funeral home, how do I access his checking account so I can pay for his funeral expenses which came to ~$10K? If I can't access the account before the end of the month, the funeral home will charge an additional 8%. NOTE: my father did he have a will.


Asked on 8/12/11, 7:28 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

You don't say if your father had a surviving spouse, whether he had a trust, etc. That said, in order to get authority over his bank accounts, have ability to sell his home, etc., you need to be named as Personal Representative in your father's estate. That most likely will require that a probate be started. His will needs to be filed with the Register of Probate in the county in which he was a resident when he died. Most of the work in this area is complex and you should have an attorney advising you and drafting the necessary paperwork. Once you are named as Personal Representative and have furnished any required bond, you will receive Domiciliary Letters which give you the authority you need to act. Good luck.

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Answered on 8/12/11, 11:28 am


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