Legal Question in Wills and Trusts in Wisconsin

My minor son's father passed away one year ago. My son is 7 years old and I signed a consent for his Dad's mom to be 'special representative' due to his estate to be opened so that a wrongful death lawsuit can be filed. My understanding is that personal property is clothing, jewelry, etc. Is that correct? Also, when I had my son at his grandmother's house to go through Dad's clothing, 'grandma' told the 7 year old "that's enough clothes and shoes, you don't need anymore." I believe that he is entitled to ALL clothing and shoes. It may sound petty but my son wants his Daddy's things SOO bad! Also, my son's dad had the finest of jewelry, diamond earrings, Movado watch, etc. The grandmother has told my 7 year old that the jewelry has been put in a safe deposit box and he wouldn't get until he was 18. Can she do this or does the jewelry need to be handed over to my son and myself since I am his parent and he is a minor? My son's eyes swelled up with tears so bad when being told 'no more clothes' and 'no jewelry til 18.' Also, grandmother is preparing to send off clothing of Dad's to his nephews etc. What can I do legally to stop her and if she already sent this off, is she required to get these things returned? My son is the ONLY child of the deceased and his Dad and I were never married. Thanks for your help!


Asked on 1/04/10, 9:40 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Unless someone opens an estate in court, the government and court system does nothing to distribute the personal property of a deceased person, which property rarely has any significant value other than sentimental value such as you describe. Assuming that "Grandma" has not already beat you to it, you can try to protect yourself and your son by filing a petition for administration of Dad's estate and appointment of a personal representative. You can request that you be appointed, although other concerned parties can object and request appointment of someone else, such as "Grandma." She seems to be acting as though she has already done this but I have no way to tell without further information. The special administration of the estate for the limited purpose of the wrongful death lawsuit will not deal with the rest of the estate property such as clothing and jewelry. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.

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Answered on 1/15/10, 4:25 am


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