Thread: no will
11-26-2011, 05:15 PM #1
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Jurisdiction / State: Wisconsin
Okay, this is posting from another legal site in which the Op thinks they are intitled to half of the marital property after his mothers death. I'd would Appreciation your input
My mother died in Wisconsin without a will in 2005. Her husband and she were married 20 years and owned a house jointly. Recently, I was informed she left me $5000 which I have not yet received. My concern is that she died in a nursing home and her husband is not on the death certificate. Her husband is 20 years younger.
He still owns the home and I'm sure when I'm able to locate him he'll forward me the $5000. My question is am I entitled to anything else? I believe my mother's net worth was $150,000, perhaps more. I understand that this money since earned during the marriage is community property. However, it seems I read somewhere that children get half of the community property upon death of parent.
If this is so, how should I proceed in an amicable manner without a lawyer at first then with a lawyer if an agreement cannot be had?
Finally, she died in 2005. Is there a statue of limitations at work here?
11-26-2011, 05:43 PM #2
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Having my beloved mother some years ago, I can appreciate the loss her passing leave sin your life.
Without a will, however, a person is said to have died intestate.
Thus, in the instant case, we have your beloved mother who died intestate (without a will).
Therefore, anything and everything that she owned passed to her next of kin at the time of her death.
Her legal next of kin was her sounse, not her mother, her father, her sister, her brother, or even her children; rather her spouse.
The age of the spouse is irrelevant, insofar as the law is concerned in this instance.
Her spouse takes everything (after the state took their cut) and you, her child are entitled to NOTHING.
If mother expressed a desire to leave you a $5,000 bequest upon her death, you are not legally entitled to that $5,000.
Because mother never reduced her intent to writing via a will.
Now, your stepfather can, out of the good graces of his heart; give you the $5,000.
However, your stepfather isn't legally bound to do so.
He can say nothing.
He can say, mother wanted you to have $5,000, but since it is all mine now; I'm not giving you one red cent!
Sure, you can retain a lawyer.
I'm sure some lawyer would appreciate the $3,000-4,000 he/she will receive to represent you.
But, no lawyer will be able to convince a court for your stepfather to give you $5,000.
There is nothing in the law that can compel him to give you even a dollar of HIS money that he inherited upon his wife's demise!!!!
Happy Chanukkah, Christmas, & New Year!