How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in WI?
Impact of Incomplete or Missing Marriage Certificate on Surviving Spouse Allowance in Wisconsin When a spouse passes away, Wisconsin law provides a family allowance to support a surviving spouse during estate administration. Granting this allowance requires proof of the marital relationship, typically via a certified marriage certificate. An incomplete or missing certificate can complicate or […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Wisconsin?
Detailed Answer Under Wisconsin law, a personal representative (sometimes called an executor or administrator) handles the decedent’s assets, pays liabilities, and distributes property. You appoint a personal representative by petitioning the probate court in the county where the decedent resided. 1. Determine the proper procedure If the estate’s net value does not exceed $50,000 and […]
Read article →How Can a Client Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Wisconsin?
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Detailed Answer Under Wisconsin law, the probate court generally appoints personal representatives in a specific order of priority. Wis. Stat. § 851.02 outlines this hierarchy: surviving spouse first, then adult children, parents, siblings, more remote heirs, and so on Wis. Stat. […]
Read article →How Can a Guardian or Guardian Ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in Wisconsin?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Wisconsin law, a court can appoint either a guardian of the estate or a guardian ad litem to protect and manage a minor’s interest in an estate. Each option serves different needs: 1. Guardian of the Estate A […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in Wisconsin?
How Wisconsin Laws Protect a Minor’s Inheritance When There Is No Will Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Intestate Succession When someone dies without a valid will, Wisconsin’s intestacy laws determine who inherits. Under Wis. Stat. § 852.07, assets pass to a surviving spouse and any […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Wisconsin?
Detailed Answer Estate administration in Wisconsin imposes strict duties and bond requirements on personal representatives. These mechanisms protect beneficiaries, creditors, and the court. This overview explains key statutory safeguards. Disclaimer: This is not legal advice. 1. Statutory Bond Requirements Under Wis. Stat. §859.21, courts typically require a bond before issuing letters of administration. The bond […]
Read article →Can a personal representative seek a commission on estate assets and sale proceeds in Wisconsin?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult an attorney before taking action. Detailed Answer Under Wisconsin law, a personal representative (also known as an executor or administrator) may request compensation—commonly called a commission—for services in administering an estate. The statutory authority for awarding commissions is found […]
Read article →How Do Intestacy Rules Apply in Wisconsin if No Valid Will Is Found?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. This article explains intestacy rules in Wisconsin when a person dies without a valid will. Under Wis. Stat. ch. 852, courts distribute assets to heirs by a strict priority system. 1. Surviving Spouse If the decedent leaves a surviving […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Wisconsin?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer Estate Administration in Wisconsin: Circuit Court and Register in Probate In Wisconsin, estate administration matters—commonly called probate—are handled by the circuit court in the county where the decedent lived […]
Read article →What Documentation is Required to Apply for Letters of Administration in Wisconsin?
Detailed Answer When a person dies without leaving a will (intestate) in Wisconsin, the court appoints an administrator to manage the decedent’s estate. Letters of administration serve as official proof of appointment. Under Wisconsin’s Probate Code (Wis. Stat. ch. 859), you must file specific documents with the circuit court in the county where the decedent […]
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