How to obtain and submit an original will or filed copy during probate administration in WI
Detailed Answer When a person dies in Wisconsin, you must locate and deliver the original will (or a filed copy) to the probate court to start the administration process. Wisconsin law requires the original will, if available, to accompany the petition for probate. If the original is lost, a certified copy filed with the register […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement? (WI)
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a licensed Wisconsin attorney for guidance on your probate matter. Detailed Answer When you hire an attorney to handle probate in Wisconsin, you will typically sign an initial representation agreement (also called an engagement letter). This agreement sets the scope […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in Wisconsin?
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney regarding your situation. Detailed Answer Under Wisconsin law, any “interested person” may ask the probate court to remove an estate administrator (also called a personal representative) who fails to perform required duties or mismanages estate assets. The right […]
Read article →How to Request an Extension for Filing a Final Accounting in Wisconsin Probate
How to Request an Extension for Filing a Final Accounting in Wisconsin Probate Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Wisconsin law, a personal representative must file a final accounting or statement of proposed distribution before closing an estate. See Wis. Stat. § 859.23. If […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim in Wisconsin?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney. Detailed Answer Under Wisconsin law, a wrongful death action must be brought by the personal representative of the deceased’s estate. Wis. Stat. § 895.04 grants the cause of action to the […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Wisconsin?
Detailed Answer When a wrongful death claim in Wisconsin results in a settlement or judgment, state law dictates how to distribute the proceeds among heirs. Under Wis. Stat. § 895.04, the personal representative (executor or administrator) must collect the funds, pay debts and expenses, and then allocate the remainder according to the decedent’s surviving relatives. […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in WI
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When you inherit property from someone who received Medicaid benefits in Wisconsin, the Department of Health Services may seek to recover costs from the estate. To obtain and review the documentation of a Medicaid claim against an inherited estate, […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Wisconsin
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When a business owner dies leaving an ownership stake in a Wisconsin corporation, the personal representative of the estate must gather the company’s foundational documents and bylaws. These records […]
Read article →What is the process for petitioning a Wisconsin court to remove a personal representative for mishandling estate assets?
Detailed Answer: Process for Removing a Personal Representative in Wisconsin Under Wisconsin law, any interested person may petition the probate court to remove a personal representative for cause. The governing statute, Wis. Stat. § 863.19, identifies grounds such as mismanagement of estate assets, failure to provide accountings, self-dealing, neglect of duty or conflicts of interest. […]
Read article →How can an interested party open probate for a decedent’s estate in Wisconsin?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Wisconsin, opening probate begins with filing a petition in the circuit court of the county where the decedent was domiciled at the time of death. 1. Determine Jurisdiction File in the circuit court for the county where the […]
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