Who are the legal heirs of someone who dies without a Will?
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Who are the legal heirs of someone who dies without a Will?
My grandma died and my grandpa has been dead for quite some time. My grandparents had 2 children, my dad, who is still living and my aunt who died a couple years before my grandma. We have not been able to find a Will and would like to know who the legal heir is. My aunt has 2 living children, do they become her heirs to the estate along with my dad or does the estate go to just my dad who is the only living child of my grandparents?
Asked on July 29, 2011 Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When someone dies without a Will they die "intestate". Accordingly the intestacy laws of the state where they were domiciled at the date of their death controls. In WI, if there is no spouse, everything to goes the deceased's "issue" to be distributed "per stirpes".
Issue means direct descendants, here your grandmother's children. Per stirpes means that everything goes to the children if they are all living, but if a child dies before the deceased parent, then the dead child's children will split their share. So in your case your father will receive 1/2 of your grandmother's estate and your cousins will split your aunt's share; since she had 2 children they will each be entitled to a 1/4 share of the estate.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When someone dies without a Will they die "intestate". Accordingly the intestacy laws of the state where they were domiciled at the date of their death controls. In WI, if there is no spouse, everything to goes the deceased's "issue" to be distributed "per stirpes".
Issue means direct descendants, here your grandmother's children. Per stirpes means that everything goes to the children if they are all living, but if a child dies before the deceased parent, then the dead child's children will split their share. So in your case your father will receive 1/2 of your grandmother's estate and your cousins will split your aunt's share; since she had 2 children they will each be entitled to a 1/4 share of the estate.
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