Legal Question in Wills and Trusts in Wisconsin

Re: Form

It's not a form.

First of all please accept my sympathy on the loss of your father.

I am not licensed in Wisconsin, but I do know that WI uses "marital property", which is substantially similar to Washington's community property. Everything that your father owned, before he died, is now vested in your mother and belongs to her.

I take it that neither of them have left a will directing what they want to happen.

You and your brother are ahead of yourselves. There is nothing in your parent's estate for you to inherit until your mother goes as well.

I have no sense of what your brother is looking for; sounds as though your parent's intent is share and share alike, equally to you and your brother.

If you don't know what the house is worth, it would be valuable to hire an appraiser and find out. That person (or a realtor) can advise you of what investment it would take to make the house marketable.

Bottom line though, is that if you are concerned about how this is all going to happen you would be better off contacting counsel in Wisconsin, not here. Probate generally happens in the state/county where the decedent owned real property, not here. WI law will govern, and it could be completely different, and I don't know because I am not licensed there.

Every County has a Bar Association; every bar association has a referral service, and they can give you some names of attorneys who practice in estates and probate over the phone.

I am not trying to avoid your question, but there is no such thing as a "legal" letter written by a beneficiary of an estate that would preserve your rights.

Your rights arise by operation of law. Hope this helps - Powell

Re: Form

Greetings,

Ms. Powell's letter is right on point. I am a Wisconsin attorney and she is correct in her analysis. I suggest you share her points with your brother and if you need help with this, you contact a Wisconsin lawyer.

Best wishes, Mark J. Mahoney