T
Tealady
Guest
My ex-husband died last month in Wisconsin, without a will. He had married again and his widow has been named representative for probate of his assets. I don't think there was much, but know of a savings account, an IRA, several vehicles and a boat.
He was in the process of inheriting money from his deceased mother, via an inheritance bequeathed to her after she had died.
It has been finalized and his 2 sisters are getting 1/3 each and his is being passed over to Probate. The lawyers have determined where the inheritance originated and also in Wisconsin that 1/2 of this money will go to his widow and 1/2 to his 3 children (which are my children).
His sisters and I are distressed to learn that his widow wants all debts to come out of probate first before the division of monies.
We do not feel that the kids' share of the inheritance should be subject to paying her debts while the Ira and Savings account may be protected as probate free.
What can we do legally to keep this from happening?
Are we correct in our thinking? All we ask is that the debts come out of my exs and his widows joint assets and leave the small portion to be divided by 3 children intact.
He was in the process of inheriting money from his deceased mother, via an inheritance bequeathed to her after she had died.
It has been finalized and his 2 sisters are getting 1/3 each and his is being passed over to Probate. The lawyers have determined where the inheritance originated and also in Wisconsin that 1/2 of this money will go to his widow and 1/2 to his 3 children (which are my children).
His sisters and I are distressed to learn that his widow wants all debts to come out of probate first before the division of monies.
We do not feel that the kids' share of the inheritance should be subject to paying her debts while the Ira and Savings account may be protected as probate free.
What can we do legally to keep this from happening?
Are we correct in our thinking? All we ask is that the debts come out of my exs and his widows joint assets and leave the small portion to be divided by 3 children intact.