Legal Question in Wills and Trusts in Wisconsin
Property distribution in absence of will
My father recently died unexpectedly, at the age of 49, leaving no will. In the state of Wisconsin, do all his possessions automatically go to his second wife, or are they divided between his spouse and his surviving children. His children are 24 and 26. I have been told that we, as his children, are entitled to part of his estate. Is this accurate.
1 Answer from Attorneys
Re: Property distribution in absence of will
Greetings,
In Wisconsin, a married person who dies without a Will has the result of the property in their estate (that may or may not be all they own), being legally going to his/her closest heir. That would be the surviving spouse. Other heirs do not automatically get anything. Where a 1/2 comes in, is if he left everything to you in a Will -- the surviving spouse would still get half. You cannot take this information as legal advice to rely on, however. You should double check by calling a lawyer or two in your area. Why? I dont have all the facts. Also, some property, like life insurance, IRA's, etc., will be on the basis of how he completed the beneficiary forms, not necessarily on the basis of state law.
Mark J. Mahoney
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