Climax, MI Estate Planning Law Firms & Lawyers

If your mother is now incapacitated, and assuming she does not have an effective power of attorney in place specifically granting you the power to transfer real estate and to gift property exceeding the annual exclusion amount, then your only alternative in Wisconsin is to initiate a guardianship proceeding on behalf of your mother. Once a guardian has been appointed by the judge, then the guardian will need to obtain permission from the judge granting him or her the authority to transfer any real estate interest. Guardianship is a complicated legal matter, and I would strongly advise you to consult with a guardianship attorney in your mother's state of residence before you attempt to transfer any of your mother's assets.

How did she get the money? Was it cash? Was her name on your Mother's account? If you can prove she took it without co-ownership of it with your Mother, you would have to start a probate estate and then proceeding your sister for embezzlement.

Possibly, yes, it could go $75,000/$25,000 - joint accounts are not probate assets unless they are brought in - to be brought in requires a finding after allegations, that they were accounts of convenience and not intended as a gift at death - the burden is on the person asserting that the account(s) were for "convenience" of the person who died - you would need an experienced probate attorney to guide you through that maze - of course, if the brother who was on the account values familial relationships, chances are he would "share" that money with his brother - but you only get to choose friends, not family - and those kinds of fights are what probate is all about sometimes!