Legal Question in Wills and Trusts in Wisconsin

Succession by grandchildren

My wife's parents passed away recently about 3 months apart. The father died last, however, tragically one of my wife's 4 siblings died in an accident the day before the father died. The plan had been to divide the estate (around $50K)in 5 ways, however since the brother died the day before the father do his 2 children from a previous marriage automatically receive his share? There is no will which spells this out. The family home was transfered to my wife's sister some years ago because he was afraid of losing it if one of the parents went into a nursing home. The two children received over $500K from insurance left from their father


Asked on 3/27/05, 11:57 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Succession by grandchildren

Assuming that none of the deceased folks in your question had wills, I would expect to see the share of the deceased child go to his children. It makes no difference how much life insurance they may have received or which marriage produced them. They are entitled to their share.

This response is for general informtion purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 3/28/05, 12:03 pm


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