Community property state

[wil vers]

What is the name of your state? Wisconsin. My friends' spouse died intestate and had a rental property in his name only which he acquired during the marriage. He also had several bank accounts in his name only with no beneficiary listed. There are no other relatives. Does everything automatically go to the wife or must it go through probate?

 

[seniorjudge]

What is the name of your state? Wisconsin. My friends' spouse died intestate and had a rental property in his name only which he acquired during the marriage. He also had several bank accounts in his name only with no beneficiary listed. There are no other relatives. Does everything automatically go to the wife or must it go through probate?

Q: Does everything automatically go to the wife or must it go through probate?

A: Based solely on your description on how the property is held, everything will have to go through probate.



Wisconsin Intestate Succession Laws

If any part of a Wisconsin decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If none of decedent's issue (i.e., descendants like children and grandchildren) survive, or all of the decedent's surviving issue are also issue of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
* If one or more of the decedent's surviving issue are not issue of the surviving spouse, the surviving spouse gets one-half of decedent's property (other than marital property).

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows:

1. To the decedent's issue. If there are issue other than children, those of more remote degrees take per stirpes. This means that the property is divided into equal shares for the children of the designated person. Each surviving child and each deceased child who left surviving issue are allocated one share.
2. If there is no surviving spouse or issue, to the decedent's parents.
3. If there is no surviving spouse, issue or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes.
4. If there is no surviving spouse, issue, parent or issue of a parent, to the grandparents and their issue as follows:
5. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes.
6. One-half to the paternal relations in the same manner as to the maternal relations under the provisions above.
7. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

3. State of Wisconsin. If there is no taker under any of the above provisions, the intestate estate passes to the state of Wisconsin to be added to the capital of the school fund.

Wisconsin Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent (provided the new-born lives at least 120 hours after birth).
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of Wisconsin gets the intestate estate.
* Wisconsin's intestate succession laws can be found in Chapter 852 of the Wisconsin Statutes.

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