Which WI court has jurisdiction when there is a will and divorce? | Sterling Law Offices, S.C. global $post;
Call for Immediate Assistance - (262) 221-8123 Book My Consult

– from Tina K. in Wayne, WI

Question Details:

My husband and I were divorced several years ago. The court ordered that upon remarriage or death (or voluntary sale of the home), It was to be sold and the money from the sale split 50/50. My ex-husband recently passed, but he left the house to his children from a previous marriage and they want to keep the house. They say they will not sell it, and the will has gone to probate court. My question is, who has jurisdiction? The probate court or the family court?

Family Law Attorney Response:

This is a very interesting question but one that I would be happy to help you with. If a family court issued the original property division order, then more than likely, the family court will maintain its jurisdiction.

You should go ahead and contact a family law attorney, if you already haven’t, to begin preparing for a hearing.

In the case of Morrissette v. Morrissette, 99 Wis. 2d 467, 299 N.W.2d 590 (Ct. App. 1980), a woman under similar court orders had listed her daughters as the sole beneficiaries to her home. Their personal representative had petitioned the court over jurisdiction, however, it was finally decided that the family court maintained jurisdiction, and the original order was upheld.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image