Legal Question in Wills and Trusts in Wisconsin

Re: probate law in wisconsin

Please review the following basic rules that would apply in an intestate (no will) succession:

852.01 Basic rules for intestate succession.

(1) WHO ARE HEIRS. Except as modified by the decedent's will under s. 852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent's surviving heirs as follows:

(a) To the spouse:

1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse and the decedent, the entire estate.

2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of decedent's property other than marital property.

(b) To the issue, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving spouse. If there are issue other than children, those of more remote degrees take per stirpes

If, in fact, your sons' father died without a will, then they may be entitled to one-half of the estate. You need to contact an attorney quickly.