Legal Question in Wills and Trusts in Wisconsin

Re: Probate

Hello,

If the total estate is that small, you dont need to go to court (probate) to get the assets transferred. A lawyer can prepare an affidavit of transfer that should be good enough to get transfers made to heirs. The death benefit may have a beneficiary named, and if so, the beneficiary can collect directly from the company. If there is no beneficiary, then the estate is entitled to the money, but again, if the amounts are small enough, then no probate will be needed. If the amounts are too large to do the affidavit, then an informal probate is necessasry. You still have to file papers with a court for that. I assume your father is not competent, because if he were ill but still competent, he could make some transfers while alive to avoid probate. Good luck, Mark J. Mahoney