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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9173
Experience:  Since 1983
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My grandmother passed away and my mother died previously. My

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My grandmother passed away and my mother died previously. My grandmother has no viable will and I am told I can claim my mothers portion of the inheritance. I was wondering if you can tell me which Wisconsin state stature this law is stated
The statute you asked about is Wisconsin Statutes 852.01 - Basic rules for intestate succession, and it is posted at
http://www.lawserver.com/law/state/wisconsin/wi-laws/wisconsin_laws_852-01

The section that seems to apply is this:
"(b) To the issue, per stirpes, the share of the estate not passing to the spouse or surviving domestic partner, under par. (a), or the entire estate if there is no surviving spouse or surviving domestic partner."

Per stirpes is explained at
http://www.law.cornell.edu/wex/pure_per_stirpes

It means that if your grandmother had 3 children and two were alive at the time of her death, those two would each inherit 1/3 and the children of the predeceased child would split the remaining third. If your mother only had one child, then you would inherit her entire share.

If this does not answer your question, please let me know and I will try to explain it more clearly.

I hope this information is helpful.
N Cal Attorney and 3 other Estate Law Specialists are ready to help you
Thank you for the Excellent rating!
Customer: replied 3 years ago.


My deceased mothers siblings are angry and do not wan to give me my mothers share, what do I do

Has anyone gone to probate court yet and filed a petition to open the case and for appointment as administrator?
Customer: replied 3 years ago.


well one of my aunts who was named "executor" in grandmas hand written will is in charge of things but? wether she has taken it to probate yet

Wisconsin statute:
851.23  Personal representative. "Personal representative" means any person to whom letters to administer a decedent's estate have been granted by the court or by the probate registrar under ch. 865, but does not include a special administrator.

No one has the legal right to act as an executor unless they have been appointed by the Court or the probate registrar. The Aunt is acting without any legal authority if she has not filed to probate the handwritten will or filed a petition to administer the Estate under the intestacy laws.

The Clerk of the Court of the County where the decedent resided can tell you if anyone has filed a probate action. If not, you can file one yourself and ask to be appointed as Administrator of the Estate.

You can get a free consultation from some of the probate lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/Wisconsin

I hope this information is helpful.
N Cal Attorney and 3 other Estate Law Specialists are ready to help you
Thank you for the Excellent rating!