My question involves estate proceedings in the state of: WI
My Dad is 79 and is still alive, but has been having some health scares. Since I only have one brother (who is 10 years older than me, but mentally immature) and he lives 600 miles away and we don't talk much and never see each other, and I live only 4 miles from my Dad, I assume I'm going to have to deal with the inevitable, so I've been doing some research into it, and it looks very complex. I hope to be wrong about that.
My Dad has a paid-off house and car, bank accounts, and about the normal amount of possessions in his house of a person living alone. He is single. The house and car are in his name only. He has no known will.
I know I'll be told here that I should have a discussion with my Dad about making a will and changing the house title, but it doesn't seem appropriate to do that when he's having health scares. It makes it sound like I'm saying, "Well Dad, it looks like you're about to die, so let's make things easier for me". Right now, I just want to learn what I'll need to do later so I don't get hit with it all at the worst time of my life.
My questions: Would I automatically be made the executor/administrator since I live the closest, or is that up for a vote between my brother and I, and maybe a judge? Also, would I be allowed to enter and maintain my Dad's house during the probate process without getting in trouble for it? Also, how would I be able to sell my Dad's house if his name is on it? I understand that the assets from the house and accounts would be split evenly between me and my brother. However, my Dad has a brother as well who lives about 300 miles away. Would he be a factor in the probate process?