Legal Question in Wills and Trusts in Wisconsin

Re: husband's estate

Wisconsin has some laws that relate to inheriting property. It also allows for documents transferring property to modify state law. What that means is that your husband would have had to survive his father by at least 72 hours, if his father had no will, and a longer time, if he had a will or trust that required survival for a longer time. That said, estates should normally be wrapped up in 18 months or less. So if this has gone on that long, you should consider getting a lawyer to get an accounting and to put some pressure on the personal representative or trustee to get things moving. Good luck in whatever course you choose.

Re: husband's estate

You should check at the office of the Register in Probate in the county where your husband's father was a resident at the time he died to find out if his father had a will or if his property is passing through probate by intestate succession (no will). If he had a living trust you would have to check with the lawyer who drafted it as that would NOT show up in a probate proceeding.

You can also check the office of the register of deeds (to assessor or treasurer)to see if you can locate the owner of the house that way. That will tell you whether it is owned by a trust or by the father personally and whether there was any joint tenant who would inherit the house without a probate.

Assuming your husband is an heir in his father's estate (or is entitled to a distribution through a trust) and that the gross value of your husband's probate estate (which includes his share of his father's estate) exceeds $50,000, then you will have to start a probate for your husband's estate.

Further assuming that you are the (sole) heir in your husband's estate you would then be entitled to all property in your husband's estate including your husband's share of any inheritance from his father.

If these searches do not resolve your questions, hire an attorney to investigate immediately.