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karabeth

Junior Member
What is the name of your state? Wisconsin
Background: My Grandmother passed away with a very generic will. On the day of the funeral all close relitives went to her home and it was agreed upon by all who were present including all listed beneficiaries that since she never wanted her belongings sold at auction but let her family have them that we could take the items of hers that we treasured. My Grandfather had been gone for several years by now so it all belonged to her. We now know that what happened was wrong and my uncle who is being a jerk wants everything brought back or appraised and paid for. The rest of the estate and personal property was sold at auction.
In Wisconsin statutes 865.15 Purchasers from distributees protected. It States, If property distributed in kind or a security interest therein is
acquired from a distributee by a purchaser, or lender, in good faith,
for value and without actual notice that the distribution was
improper, the purchaser or lender takes title free of any claims of
the estate and incurs no personal liability to the estate, whether or
not the distribution was proper. Purchasers and lenders have no
duty to inquire whether a distribution was proper.
Does this mean that those of us who are not beneficiaries and recieved items in good faith from the agreement made by the beneficiaries that we are protected against my uncle wanting payment or items brought back because we took them in good faith because of their decision? We are caught in the middle and don't want to loose the treasures of our Grandmas because our uncle is being unreasonable?
Also, my uncle and his wife took alot of items and took them to their 2nd hand store and no one knows where they are.
Thanks....any help is appreciated
Kara
 
Last edited:


passingby

Member
not a lawyer

So this is just a layman's experience, but anyone who is not a beneficiary doesn't have to give back anything that was given by actual beneficiaries. For whatever reason your uncle wants the stuff returned or appraised, if it's something to do with probate then you do have to let them appraise what you have but the beneficiary who gave it to you has to make restitution to the estate for the value of what they gave you. In other words, the value of what they gave you comes out of that beneficiary's cut of the estate and if it's more than his share then he has to pay the estate for the shortage so other heirs can get their equal shares. But you do not have to give it back.
 

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