Legal Question in Wills and Trusts in Wisconsin

Re: Re:Suicide of birth father-no will left

Your question is somewhat vague. Where do you fit

in? Where is the 14 year old's mother?

There is a statutory order as to who may commence

legal proceedings for a decedent's estate. Unless

you would have standing to do so, it would be up to

those that do to probate the estate.

Please consider writing and providing more facts.

Re: Re:Suicide of birth father-no will left

First of all, it is not clear what your interest is in this matter. It appears you may have custody of the 14-year-old. It appears you are trying to protect the decedent's assets for his child.

Under RCW 11.04.015(2)(a), children of one who dies without a will receive all the decedents' assets in equal shares. If she is the only child he has had, she would receive all his estate. (If their are grandchildren of any deceased child of his, they would split their parent's share.)

The proper way to proceed is for someone--usually but not necessarily a family member--to file for letters of administration--appointment as personal representative of his estate. This is the person who oversees these things, subject to the court. See RCW 11.28.120 at http://search.leg.wa.gov/wslrcw/RCW%20%2011%20%20TITLE/RCW%20%2011%20.%2028%20%20CHAPTER/RCW%20%2011%20.%2028%20.120.htm. They would also oversee the business.

All of Probate and Trust law is found at http://www.leg.wa.gov/pub/rcw/rcw%20%2011%20%20TITLE/rcw%20%2011%20%20%20TITLE/rcw%20%2011%20%20%20TITLE.htm. I would suggest you start with chapters 11.02, 11.04, 11.28, 11.36 and 11.66. Browse the other chapters to see if other statutes may apply.

You might contact the family to see if they will work with you. Show them a copy of RCW 11.04.015 which you can print from the internet. You might suggest that you all contact an attorney together. If they will not cooperate, the child's custodian should contact an attorney as soon as possible.

Additional comment Re: Suicide of birth father-no will left

I just noticed the location was WI. My prior answer is only valid for WA--Washington State. Check for you own state's laws if you are not in Washington.