What is an Intestate Estate?
An Intestate Estate is a term used in Wills and Probate Law in Wisconsin. It is an estate where a person dies without having created a valid and legal will. This means that the deceased person did not specify how their assets, or property, should be distributed after they passed away. In this case, the Wisconsin state law will dictate how the estate is to be divided upon death. In Intestate Estates, assets are divided up according to Wisconsin State law rules. The State typically follows an inheritance pattern, distributing the assets and/or property to the deceased person’s closest relatives. In the case of intestate estates, spouses are typically the first to receive their share, with living children next in line. Other relatives such as siblings, nieces and nephews, and parents may also receive some or all of the assets in the estate. If no living relatives can be found, the State of Wisconsin may become the owner of the Intestate Estate. If this happens, the State will use the assets to pay any debts or taxes that the deceased may have owed, and will disburse the remainder among public charities. In most cases, it is wise to avoid intestate estates by creating a legal will prior to death. This will allow the deceased to more accurately determine how their assets should be distributed according to their wishes.
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