Legal Question in Wills and Trusts in Wisconsin

Re: wills

Your question is answered by the Wisconsin laws relating to intestate succession, if you are a Wisconsin resident at the time of your death. These laws are contained in Chapter 852 of our statutes, and the whole chapter should be read. In part, the chapter starts with the basic rules:

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 the following

property:

a. The decedent's interest in marital property.

b. The decedent's interest in property held equally and exclusively with

the surviving spouse as tenants in common.

(b) To the issue, per stirpes, the share of the estate not passing to the

spouse under par. (a), or the entire estate if there is no surviving

spouse.

(c) If there is no surviving spouse or issue, to the parents.

(d) If there is no surviving spouse, issue or parent, to the brothers and

sisters and the issue of any deceased brother or sister per stirpes.

(f) If there is no surviving spouse, issue, parent or issue of a parent,

to the grandparents and their issue as follows:

1. One-half to the maternal grandparents equally if both survive, or to

the surviving maternal grandparent; if both maternal grandparents are

deceased, to the issue of the maternal grandparents or either of them, per

stirpes.

2. One-half to the paternal relations in the same manner as to the

maternal relations under subd. 1.

3. If either the maternal side or the paternal side has no surviving

grandparent or issue of a grandparent, the entire estate to the decedent's

relatives on the other side.

(2) Survivorship requirement. Survivorship under sub. (1) is determined

as provided in s. 854.03.

(2m) Heir who kills decedent. If a person under sub. (1) killed the

decedent, the inheritance rights of that person are governed by s. 854.14.

(3) Escheat. If there are no heirs of the decedent under subs. (1) and

(2), the net estate escheats to the state to be added to the capital of the

school fund.

Contact an attorney if you still have questions.