How Are Proceeds Divided Among Multiple Heirs in Wisconsin When Some Predecease and Their Spouses or Children Succeed Them?

Detailed Answer

Under Wisconsin law, if a decedent dies without a valid will, the Probate Code governs payment of debts and distribution of the remaining assets to heirs by representation (“per stirpes”). Wisconsin defines this rule in Wis. Stat. § 852.01. That statute directs that when an heir (for example, a child of the decedent) predeceases the decedent, that heir’s share does not vanish. Instead, that share passes to the heir’s descendants (the decedent’s grandchildren) in equal shares.

Key points under Wis. Stat. § 852.01 and related provisions:

“Per stirpes” means each deceased heir’s bloodline takes one portion of the estate and divides it equally among surviving descendants.
Only the decedent’s blood descendants (including adopted children) succeed to a predeceased heir’s share; a spouse of a predeceased heir does not inherit in that line of descent.
If an heir dies leaving no descendants, that heir’s share lapses and is redivided among the remaining heirs.
The surviving spouse of the decedent (if any) receives a statutory share separate from lineal descendants, per Wis. Stat. § 854.02.

Example:

Maria dies intestate. She is survived by two children (Anna and Brian). A third child, Carla, predeceased Maria but left two children, David and Elaine. Under “per stirpes” distribution:

Divide the estate into three equal shares (one for each child-level “branch”): Anna’s branch, Brian’s branch, and Carla’s branch.
Anna and Brian each receive one full share.
Carla’s share is divided equally between David and Elaine (each receives half of Carla’s share).

This mechanism follows Wis. Stat. § 852.01. Because Carla’s spouse is not a blood descendant of Maria, Carla’s spouse does not inherit any portion of Carla’s branch. If Carla had no surviving descendants, her entire branch share would revert and be redivided between Anna and Brian.

Helpful Hints

Determine whether the decedent left a valid will—intestate rules only apply without one.
Confirm family relationships and check for adopted children—they inherit equally.
Review Wis. Stat. § 852.01 for per stirpes mechanics and Wis. Stat. § 854.02 for a surviving spouse’s share.
Remember that only blood or legally adopted descendants succeed to a predeceased heir’s share; spouses of deceased heirs do not.
Keep detailed family records (birth, marriage, adoption certificates) to prove heirship.
Consult a probate attorney if multiple branches or unusual family structures create complexity.