Wisconsin Intestate Succession Guide

Summary

In Wisconsin, if there is no will, the estate is distributed according to intestacy laws. As the only child, you would typically inherit the entire estate if there is no surviving spouse. Beneficiary designations on 401K and life insurance policies take precedence over intestate succession, meaning your cousin would receive those funds if named as the beneficiary. However, this does not affect the distribution of the rest of the estate, which would still follow intestacy laws. To challenge your cousins claims or clarify your rights, consulting a local attorney is advisable.

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My father was in an automobile accident on Thursday Feb. 27th * between Osseo, WI and Augusta, WI. He and I were not very close however he is my father according to my birth certificate and we live * minutes from each other. At the moment it is hard to think about who gets what but my cousin is trying to state a claim to all he has as she is greedy and only wants money. At the moment we are unsure if there is a "Will" and the other issues are that the funeral home is unsure who to release his effects to as she is also stating a claim. I signed the death certificate and along with all of this my cousin is saying that my father named her as the sole beneficiary on his 401K and life insurance. We are awaiting the proper documents but I would like to know as his only child if there is no "Will" what am I entitled to? We all live in Wisconsin and aside from me and my cousin he has a sister still living.
I'm really sorry to hear about your father's accident, ****. In Wisconsin, if there is no will, the estate is distributed according to state intestacy laws. Here's a brief overview:
- As the only child, you would typically inherit the entire estate if there is no surviving spouse.
- Beneficiary designations on 401K and life insurance policies usually take precedence over intestate succession.
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Well if my father happened to name my cousin on his 401K and life insurance policy but he didn't leave a will would the precedence of the 401K and Life Insurance also give precedence over the estate?
Yes, beneficiary designations on 401K and life insurance policies generally take precedence over the estate distribution under intestate succession laws. This means that if your cousin is named as the beneficiary on these accounts, she would receive the funds from those specific accounts, regardless of the intestate laws.
Would you like to connect with local lawyers who can assist further?
right I get that but would she to then also have precedence over the rest of the estate is what I am asking?
Case Rating: *
No, the beneficiary designation on the 401K and life insurance policies does not give precedence over the rest of the estate. The rest of the estate would still be distributed according to Wisconsin's intestacy laws.
Would you like to be connected to local lawyers who can better assist you with your case?
Is there a good way to fight against my cousin in court in the state of Wisconsin?
Case Rating: *
****, since your cousin’s claim is only on the 401K and life insurance, you would still be entitled to the rest of the estate under Wisconsin's intestacy laws. If you need to challenge her claim or clarify your rights, it’s best to consult a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?