A probate question or two

[GBS]

Just got word my BIL passed away. He was a recluse, and didn't have any contact with his siblings for decades. My wife's sister attempted to stay in contact with him, but that was limited. She became concerned with no word as of late, and drove a couple of hours to his place. A welfare check by the local LEO's found he had passed sometime in the last two months.
No parents alive, just 4 siblings. They all are very level headed, I'd expect no drama there.
Probably will have an initial family meeting this weekend.

He lived in Wisc. No idea if he owned or rented. No clue about his finances. We assume no big assets. He used to have a long term live in girlfriend, but apparently not for the last several years. No idea as to whether there is a will, or where to look for one.

Any advice as to how to proceed? Funeral, access to his place to begin finding out about banks, pensions, etc. Initial probate process, etc. Not sure who is allowed to do what in the initial stages. Can get a lawyer, but anticipate the estate won't result in much, so ability to have a "do it all" guy is limited.

Initially, the issues will be funeral after the autopsy, how to file probate, and getting an executor. Might even be me! But unsure as to very first steps....

[REW]

GBS,
I have been the executor on my Parent's estate - so I have been through the loop once, for each of their estates.

I would start with the siblings. Find out what they know - if you are asked to be part of the situation. Perhaps, one of them will have an idea.

Then, search the property for mail, addresses, files, bank addresses, social security etc. Bank statements, credit card statements, insurance policies, real estate deeds, and the court house for property and tax information on the property. If taxes are being paid by check, a good chance that the county or state will have records of banking information for the individual.

The one very important item that you will need to keep with you as you make your search, is the death certificate. That is the document that all agencies and or institutions will need to essentially even talk to you. One important item to verify is that the person's social security number is correct on the death certificate.
Sorry for your loss. Proceed with care and consideration of others feelings and wishes.

Take care

[GBS]

Originally Posted by REW

GBS,
I have been the executor on my Parent's estate - so I have been through the loop once, for each of their estates.

I would start with the siblings. Find out what they know - if you are asked to be part of the situation. Perhaps, one of them will have an idea.

Then, search the property for mail, addresses, files, bank addresses, social security etc. Bank statements, credit card statements, insurance policies, real estate deeds, and the court house for property and tax information on the property. If taxes are being paid by check, a good chance that the county or state will have records of banking information for the individual.

The one very important item that you will need to keep with you as you make your search, is the death certificate. That is the document that all agencies and or institutions will need to essentially even talk to you. One important item to verify is that the person's social security number is correct on the death certificate.
Sorry for your loss. Proceed with care and consideration of others feelings and wishes.

Take care

Good advice as always. I would never insert myself, unless asked. But I may put my name out there as a less involved party. If they want.
What do you recommend as first steps for anyone? Get a lawyer? Advise one of the siblings to be "official" next-of-kin for release of the body/funeral/etc?
If they/we do go to the property, I'll insist they photograph everything, and not remove anything except paperwork that may be related to finding out more about his estate.

[Bugler]

Many counties have their tax and assessment databases accessible online. Some allow you to do a name search or partial name search with wildcard characters to expand the search. It may help you find any properties that he may have owned.

If you find no will, you can look at state statutes online. Those should tell you how assets are distributed to heirs in the event no will existed. Local probate offices may have similar tools available online.

[Spendit]

Went thru this in 2017 for my father - no will but being a child was easier.

Find a good probate lawyer, you never know what is outstanding and owed to others. Dig thru the mail and paperwork inside the home for: banking, titles, bills, property taxes....to figure out what is all involved with the 'estate'.

Make sure to place things on-hold: bank accounts, insurances, medications, brokerage accounts, unneeded services to the home....

The funeral director will get you the death certs and post to the local paper/notification.

Be prepared to spend lots of time sorting it all out - probate is a long and tedious process

Sorry for your loss!

[yarcraft91]

It will be good if you can find a will, but that will not give you sufficient information.

Watch the mail over the next 1-3 months for bank or brokerage statements. That will disclose where he had money or investments/retirement accounts. The acting executor will need this information to create an inventory of the estate.

You will need several official copies of the death certificate if the BIL had multiple bank or brokerage accounts. Each account custodian will want an original death certificate before they will let the executor access the account funds.

I know of a good book for someone responsible for settling an estate. I have used it myself on two occasions.
https://www.amazon.com/Executors-Han...3729570&sr=8-3

[ackvil]

Probate law varies from state to state. Finding a will would make things much easier. A thorough search for records or safe deposit boxes is a start. Going through a checkbook or computer records also is important.

[REW]

For a simple estate, there is really no need for a Lawyer.

But, it is yours and the others in the situation choice.

Take care

[muskyed]

Not sure you are in a position to insist on anything. You are a brother inlaw. If the family members other than your wife ask for your help, that's fine, but if not you need to stay out of it. As to death certificates, get at least 4 to 6 originals as for some crazy reason most places won't accept copies. Not sure what is required as to probate with multiple heirs. I was an only child so it was over 50k for me. Had some trying times with my mom and her dementia, just before we took her to an assisted living facility, she got paranoid, and shredded all her papers. Took awhile to straighten it all out, but she lived for almost 4 years after that so I had time, and with changing her mailing address to mine, you slowly figure out what is what. Fortunatly my name was on her bank accounts and that really helped after her death, as if I was just her power of attorney, the second she passed, everything would have been locked. Change the mailing address to one of the siblings. Good luck, and quite honestly, hopefully there is nothing to fight over.

[Baseline]

I've been down this road 5 times.

A surviving spouse would be 1st in line to inherit any assets. 2nd in line are children. 3rd in line would be surviving relatives.

In the absence of the will the estate would go to a probate court. The family can avoid a probate court by having one or all of them appointed executor. If the family gets along and can agree the passing of assets can be very easy. If they don't get along ----"Good Luck" it might be a good idea to avoid the whole thing.

The first thing your family needs to do is sort out who are the eligible survivors. The next step would be to inventory any assets. Unless your BIL was a wealthy man with multiple properties or business interests asset location should be fairly easy. His residence should contain the records you need. Banks can only give information to an appointed executor(s), so you have to get that done.

You can find basic probate rules for Wisconsin online. You may need an elder attorney to give you specific advice, but they don't work for free.