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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42873
Experience:  Texas lawyer for 30 years in Estate law
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I have a question about Wisconsin statute Chapter 852. My

Customer Question

I have a question about Wisconsin statute Chapter 852. My mother has died and 40% of her insurance policy lists her as a beneficiary which is very strange. In any case, the statute seems to have a chain of command for heirs, but its confusing.
Where is what exists:The person who died has two living children and 4 living grandchildren.So how would the funds be distributed and how would be "put this into action"Thank you
Submitted: 1 month ago.
Category: Estate Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 1 month ago.

If life insurance has a named beneficiary it passes by contract outside of probate.If she named herself or her estate it passes under the laws of intestacy or there was no will.

Who Gets What in Wisconsin?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:

If you die with:here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no children
  • spouse inherits everything
  • spouse and children who are all descendants from that spouse
  • spouse inherits everything
  • spouse and at least one child who is not a descendant of that spouse
  • spouse inherits 1/2 of your separate property
  • children inherit your share of the community property, plus 1/2 of your separate property
  • parents but no spouse or children
  • parents inherit everything
  • siblings but no spouse, children, or parents
  • siblings inherit everything

I appreciate the chance to help you today.Thanks.

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If this passes to the estate the court names the legal heirs using laws of intestacy and their shares here, funds are paid into registry of court until disbursed in probate.