Protect minor's inheiritance???

[Josiecat66]

My 14yr old niece is the only child of a single father (my brother) who died in April. Our mother demanded and received from police the keys to brother's house and car. I have custody of my neice & social services is working to help us adopt her. Mother refuses to allow even my niece into the house to get her clothing, etc. I've discovered and mother has admitted removing family heirlooms and my brother's expensive musical equipment.
Mother insists that every little thing in the home must be inventoried. The car is paid for and licensed with brother and neice as co-owners.
Questions:
1.Do the clothes & personal belongings really need to be inventoried or just the property of value?
2.Can we have the car title changed since it does not have to go through probate?
3.Is it legal for mother to take and keep keys to property?
Neice is only legal heir and mother took paperwork to an attorney but, no one has been named personal rep or executor. No probate has been filed and attorney will not speak to us.
My brother had a will, done with legal advice but on his own and witnessed & notarized. He showed it to me & told me where it was. Mother claims there is no will, she can't find it.

 

[army judge]

My 14yr old niece is the only child of a single father (my brother) who died in April. Our mother demanded and received from police the keys to brother's house and car. I have custody of my neice & social services is working to help us adopt her. Mother refuses to allow even my niece into the house to get her clothing, etc. I've discovered and mother has admitted removing family heirlooms and my brother's expensive musical equipment.
Mother insists that every little thing in the home must be inventoried. The car is paid for and licensed with brother and neice as co-owners.
Questions:

1.Do the clothes & personal belongings really need to be inventoried or just the property of value?

Nothing has to be inventoried.

Your niece, his child, is the SOLE LEGAL heir.

Everything is hers, nothing is your mother's.

Speak to a lawyer to bring an action to get the keys and everything else back.

Your mother has NO standing in this matter.

2.Can we have the car title changed since it does not have to go through probate?

You'll need to be appointed her guardian, first.
once you become her guardian, you also become her conservator.
It may be a bit different in Wisconsin.
No need to change the title now.

3.Is it legal for mother to take and keep keys to property?
Neice is only legal heir and mother took paperwork to an attorney but, no one has been named personal rep or executor. No probate has been filed and attorney will not speak to us.

Hire your own attorney, and get him/her to stop your mother's ILLEGAL intrusions.

Do this today!!!!!

See my note below.

My brother had a will, done with legal advice but on his own and witnessed & notarized. He showed it to me & told me where it was. Mother claims there is no will, she can't find it.

Check to see if he filed the will at the local (or a nearby county courthouse).
If you are unable to locate it, then you might want to talk with a local attorney about what your next steps should be.

Without a will, it is actually better for your niece.

Under Wisconsin intestacy laws, she is the SOLE heir.
You can hold your mother accountable for her actions.
(See the relevant portion of the law, below.)

With you as her guardian, you become the conservator of her property.

The initial consultation is free.

You can possibly charge the legal fees to your late brother's estate.

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.

 

[Josiecat66]

Bless you yet again. I will make an appointment with a local attorney today!

 

[army judge]

Bless you yet again. I will make an appointment with a local attorney today!

Thank you, so much.
But, you deserve God's blessing for stepping up and raising your niece.
She needs you, and I'm sure you know it.
Your brother must be smiling down on you all.
Go protect that child's assets.
I know that one day those mementos of her father will mean the world to her and his grandchildren.