Legal Question in Wills and Trusts in Wisconsin
Father's estate
My sister is dispensing with what little is left of Dad's estate.She has decided she will split the money with her 3 brothers only if and when she approves what they intend to spend it on.What can we do to make her dispense fairly with these funds.Will states all assets should be equallt divided but will was never signed
1 Answer from Attorneys
Re: Father's estate
If there is no will and no surviving spouse, then the laws of intestate succession control and they provide that all property is to be divided equally between the surviving children (with the share of any deceased child going to that child's lineal descendants if there are any).
Your sister's duty as personal representative is solely to administer (liquidate) the estate and pay the net proceeds to the heirs. She has NO choice about what any (presumably adult) child does with his/her share. If she breaches this duty you can hire an attorney and pursue a claim against her in the probate court before she is discharged as personal representative.
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