What to Do if Your Loved One Didn’t Have an Estate Plan in Wisconsin

Dealing with the loss of a loved one is a challenging time, especially when it’s complicated by the absence of an estate plan. In Wisconsin, if your loved one passed away without a will or a formal estate plan, it can create a host of issues that need to be addressed promptly. Here’s what to do in this situation.

1. Understand the Intestate Succession Laws

When someone dies without a will in Wisconsin, their assets are distributed according to intestate succession laws. This means that the state has a predetermined order of who inherits what. Typically, the surviving spouse and children are given priority, followed by parents, siblings, and other relatives. Familiarizing yourself with these laws can help you understand your possible rights to the estate.

2. Gather Important Documents

Even without an estate plan, there may be important documents to gather. Look for financial records, property deeds, bank statements, and any other relevant paperwork that can help establish the deceased’s assets and liabilities. Organizing these documents is essential for the next steps of the process.

3. Locate and Secure the Assets

It’s crucial to locate the assets of the deceased. This can include real estate, bank accounts, investments, and personal belongings. Once identified, securing these assets is important to prevent any potential loss or mismanagement. Ensure that property is properly maintained and that no unauthorized transactions occur during this period.

4. Appoint a Personal Representative

Since there is no estate plan, a personal representative must be appointed to handle the estate's administration. In Wisconsin, this is done through the probate court. An individual with a close relationship, such as a spouse or adult child, can typically be appointed. The court will evaluate the appointed individual to ensure they are fit to manage the estate.

5. File for Probate

Probate is the legal process that validates the deceased’s assets and determines how they will be distributed. In Wisconsin, the personal representative must file a petition with the probate court. Once the court accepts the petition, the probate process can officially begin. This process typically includes inventorying assets, paying debts and taxes, and distributing remaining assets to heirs.

6. Manage Debts and Taxes

It is essential to identify and settle any outstanding debts or taxes the deceased may have owed. This could range from credit card debt to mortgage payments. In Wisconsin, the estate is responsible for these debts before any assets can be distributed to heirs. Ensuring that creditors are paid is a key part of the estate administration process.

7. Communicate with Family Members

Transparency is vital during this time. Keep communication open with family members regarding the estate process and any decisions being made. This can help alleviate tensions and ensure that everyone is informed about the status of the estate. Family meetings may be necessary to discuss how to handle specific issues or decisions.

8. Consult with an Attorney

Considering the complexity of estate matters, consulting with an experienced probate attorney in Wisconsin can provide valuable guidance. An attorney can assist in navigating the probate process, ensuring compliance with state laws, and protecting the interests of the heirs. This may be especially important if there are disputes among family members regarding the estate.

9. Consider Future Estate Planning

Once the estate has been settled, it is an opportune moment to think about future estate planning. Encourage family members to establish their own estate plans to avoid similar complications in the future. Promoting discussions about wills and trusts can provide peace of mind and ensure that loved ones are prepared.

While dealing with the passing of a loved one without an estate plan can be overwhelming, understanding the steps to take can make the process more manageable. By following these guidelines, you can ensure that their assets are handled appropriately and in accordance with Wisconsin laws.