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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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I live in Wisconsin. My husband and I were married in 2005.

Customer Question

I live in Wisconsin. My husband and I were married in 2005. In 2007 he bought into a 1/3 share of an airplane. My husband was killed in 2009 and believing the share of said airplane was marital property I donated his share of the airplane back to his two partners. I am now being taken to task by my husbands adult son who is executor of his estate, for not consulting him before I did this. His lawyer is stating I acted illegally. They also want all other flying books, headphones, etc on back. Did I act illegally?
Submitted: 6 years ago.
Category: Legal
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

The share was marital property so you owned one sixth of the airplane. You could legally give one sixth back to the partners. The other one sixth would go into his estate and be distributed in accordance with the will. You cannot give what you do not own so you simply made a mistake.

I am assuming that you know that Wisconsin has a spousal elective share provision.