If your loved one dies without a will in Wisconsin, their estate will be distributed through the state’s probate courts according to intestate succession laws. These laws are complex, and understanding who will get what can be challenging.
Our firm’s estate planning lawyers serving Wisconsin handle all types of estate planning issues, including wills, trusts, and probate. We can answer any question you have about intestate succession and guide you through the legal process.
How Is Inheritance Distributed When There Is No Will?
When someone dies without a will in Wisconsin, their estate will go through probate, which is the court-supervised process of asset distribution. Your loved one’s property will be divided according to Wisconsin’s intestate succession laws. Under the law, asset distribution is as follows:
- If your loved one has a spouse or domestic partner but no children, their spouse inherits everything.
- If your loved one has children but no spouse or domestic partner, their children inherit everything.
- If your loved one has a spouse or domestic partner and children who are all descended from that spouse, the spouse inherits everything.
- If your loved one is survived by their parents and has no spouse, domestic partner, or children, their parents inherit everything.
- If your loved one has siblings, but no surviving parents, spouse, domestic partner, or children, their siblings inherit everything.
When someone dies and has no relatives, the state can transfer their assets into its coffers. This “escheatment” rarely happens, as nieces, nephews, aunts, uncles, and even cousins can inherit if there are no close surviving family members.
What Happens to Property If Your Loved One Has Children From a Previous Relationship?
Community property, or marital property, is property that your loved one and their spouse acquired while married. Any assets owned before the marriage, or inheritance and gifts received by either party during the marriage, are separate property.
When someone dies without a will and they are married, their spouse will inherit everything, unless there is at least one child from a previous relationship. In that case, that child will inherit half of the separate property and the deceased’s share of the marital property. However, the spouse has the right to inherit a home, as long as they are living in it or intend to live in it. The spouse may need to petition the court to keep the house or buy out the interests of other beneficiaries.
Assets That May Be Exempt From Intestate Succession
Some assets may not have to pass through probate or intestate succession, including:
- Property held in a living trust
- Property held in joint tenancy
- Life insurance policies with a named beneficiary
- Retirement accounts with a named beneficiary
- Real estate, vehicles, or securities that have been arranged for Transfer On Death (TOD)
- Payable-on-death bank accounts
How Can An Estate Planning Lawyer Help You?
If your loved one died without a will, a Wisconsin estate planning lawyer with our firm can help you navigate probate and the transfer of assets through intestate succession. We can help eligible family members establish their right to inherit, assist with any complications that arise, and represent you during court proceedings.
We can also help you and your loved ones be proactive in protecting the things you have worked for. We can create wills, trusts, powers of attorney, and other essential documents that can help your family members avoid probate court and ensure that your property and assets go to those you intend after your death.
Contact Peterson, Berk & Cross, S.C.
Peterson, Berk & Cross, S.C. can help you protect what you and your loved one have worked hard for. Our Wisconsin estate planning lawyers can help you through probate if your loved one died without a will. We can also assist with all your estate planning needs, so there is a clear directive for your property and assets when the time comes.
Contact us online or call today to learn more.