If my father passed leaving no Will, how do I stop my grandmother from taking his stuff?

My grandmother has gotten a lawyer who sent us a letter asking my sister and I to consent to her being the representative of his estate. I do not want to agree to this since they denied

my existence for my entire life. She would not give anything to my sister or me. She didn’t even tell us that he passed away. Not sure if he had anything besides debt. Is there any way to find out? Also, if he left only debt would we be responsible for it?

Asked on August 20, 2016 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) In your state, under the rules of "intestate succession" (who gets what when there is no will), if there are survinging children but no surviving spouse, the children get everythigng (if it's you and your sister, you'd share it).
2) If you don't trust her, since you and your sister stand to inherit, you'd be in good shape to have the court appoint one of you the representative.
3) No, you are not personally liable for any debt you did not personally guaranty. At worst, it will wipe out the estate and you won't inherit.


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