Legal Question in Wills and Trusts in Wisconsin

Intestate succession rules (for those who die with no valid will) in WI require the judge to divide your husband's estate equally between a spouse and all children (assuming that you are not the mother of all his children). The home would probably be sold in order to accomplish this division, unless all parties agreed otherwise (for example, agreed to jointly take title to the home without a sale or pursuant to a buyout option). Formal probate procedures are complex, requiring the assistance of an experienced attorney for most personal representatives or executors. It is doubtful that you would be able to clear the house title in any other way, assuming that the home was solely in his name at the time of death. Minimal estate planning with an experienced probate attorney could easily have avoided this outcome via a deed to family members (signed prior to death) and reservation of a life estate, or with any other form of survivorship ownership (such as survivorship marital property ownership). There are also complex marital property rules which might allow you to elect a marital interest without a will, which you should also probably discuss with an attorney. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..