Can I become the personal representative of my sister's estate? (WI)
How to Become the Personal Representative for a Sibling’s Estate in Wisconsin This FAQ-style guide explains how appointment works in Wisconsin, what the court looks for, the steps to get appointed, and the main duties and risks. It uses simple hypotheticals so someone with no legal background can follow the process. Detailed answer — Who […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (WI)
Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (WI) Short answer: Not always. In Wisconsin, wrongful death recoveries and survival-action recoveries can be treated differently. Some portions of a recovery belong to the decedent’s estate (and therefore can pass under a will), while other portions are intended to compensate […]
Read article →How Can I Probate a Will That Was Not Witnessed or Notarized in Wisconsin?
Detailed Answer In Wisconsin, a valid will ordinarily requires three formalities: the will must be in writing, signed by the testator, and witnessed by at least two credible adults who sign in the testator’s presenceWis. Stat. § 853.02. Notarization is not required to create a valid will; it simply allows a self-proving affidavit to be […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Wisconsin?
Detailed Answer Under Wisconsin law, a “year’s allowance” (often called a family allowance) provides support from a decedent’s estate to a surviving spouse or minor children for up to one year after death. The authority for this allowance comes from Wis. Stat. § 853.05. The statute grants a statutory right to an allowance without regard […]
Read article →How to Calculate and Document Diminished Market Value of a Vehicle after Repairs in Wisconsin
Detailed Answer Diminished market value refers to the loss in a vehicle’s resale value after it sustains damage, even when repairs restore it to a safe and functional condition. In Wisconsin, you may recover diminished market value from the at-fault party’s insurer as part of a third-party property damage claim. While Wisconsin’s auto insurance statutes […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Wisconsin?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Wisconsin law, a trustee owes strict fiduciary duties to beneficiaries. If a beneficiary suspects that a trustee has misused trust funds—such as through self-dealing, unauthorized distributions, or negligent investment—they can pursue several legal remedies. 1. Demand a Formal […]
Read article →How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Wisconsin?
Detailed Answer Before opening probate in Wisconsin, you must locate and verify the original will or codicil. Under Wis. Stat. § 853.03, the circuit court accepts only the original testamentary instrument for probate (see https://docs.legis.wisconsin.gov/statutes/statutes/853/03). Follow these steps to find and confirm the document’s authenticity. 1. Search Personal Records and Safe Deposit Boxes Begin your […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir is a Minor Child in Wisconsin?
Detailed Answer When a minor child inherits real property in Wisconsin, the child lacks legal capacity to convey or encumber that property. Wisconsin law provides three primary pathways for selling or transferring such property under court supervision to protect the minor’s interests. 1. Guardianship of the Estate Under Wisconsin Statutes Chapter 54, a guardian of […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in WI
Detailed Answer Under Wisconsin law, you use an affidavit of collection to start a replevin action, which lets you recover personal property wrongfully held by another party. The key statutory provisions are Wis. Stat. § 887.01 (affidavit and bond) and Wis. Stat. § 887.02 (writ of replevin). Follow these steps to validate and certify your […]
Read article →How to Request an Amendment to a Police Report with Incorrect Details in Wisconsin
Detailed Answer Wisconsin’s Public Records Law lets you correct or annotate local government records, including police reports. Under Wis. Stat. § 19.35, you have the right to request corrections to inaccurate records. Follow these steps to ask for an amendment: 1. Review the Police Report Obtain a certified copy of the report from the law […]
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