Caliente, CA Estate Planning Law Firms & Lawyers

Pursuant to Wisconsin Statute 852.01, when a person dies intestate, meaning without a will, the portion of his estate subject to probate (this excludes assets held in joint tenancy and assets with direct beneficiary designations) will be distributed to his heirs at law. If your father-in-law was married and shared all of his children with his wife, then the entire probate estate would pass to his wife. If he had a blended family, then essentially his wife would retain her one-half marital interest and the remainder of his probate estate would pass to his children, in equal shares, per stirpes. "Per stirpes" means that, if a child predeceased him, then that child's share would pass to his or her children, in equal shares. If you believe there are assets subject to probate, then it would be advisable for your husband to consult with a probate attorney in the state in which your father-in-law resided at the time of his death in order to determine whether it is necessary to initiate a probate proceeding.

In Michigan, notaries are not required to keep records of any kind. It is also possible that the lawyers did not keep copies of the prior Will. The later Will would revoke the prior one, so keeping copies of the old Will is not necessary. Since the same lawyers were used, it is more likely that the Will reflected your grandmother's intent. Alzheimers does not prevent someone from changing their Will. Even if you knock out the new Will, which may be possible, but will be difficult, it does not revive the prior Will.

You are right. The debts are assets of the estate. Add up all the assets, and then divide by 6. Imagine that the result is $20,000 each, and that one of the assets is a debt from brother C for $6,000. He gets to be relieved of the indebtedness and gets another $14,000 worth of assets from the estate.