Legal Question in Wills and Trusts in Wisconsin

challenging a will

My father died 6 months ago with two sons as his family, he also had a girlfriend of 20 years. we have a suspicion the first page of the will was changed after he died to give her all his estate. Several people have told us what us two kids was suppose to receive yet when we received a copy of the will--6 weeks after he died-- we were not even mentioned by name in the will. We all lived next to each other and enjoyed each others company every day. The girlfriend then told us we would just get the tools(several wrenches,etc) and his old guns. My father died owning clear and free 80 acres of farmland, 40 acres of woods and a ranch house plus approx. $30000 cash. We do not feel we are entitled to all since she was his friend for 20 years, all we would like is the farmland, which we would consider buying if the price would not be considered gouging. If we ask her any question we get it is none of our business. Is there anything legally we can do? if we call a lawyer locally they will not even consider looking at it because they know the other lawyer. Several people have told us we could challenge but we don't know. Please give us advice. Thank you.


Asked on 2/09/05, 6:36 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: challenging a will

Greetings,

Obviously if the girlfriend changed the Will, the Will can be contested. The trick will be whether that can be proven. I have no facts to go on, such as the appearance of the Will.

If the title to that property was in his sole name when he died, then a probate court action will have to be done to transfer the property to a new owner. As heirs, you should receive notice of the court proceeding.

Because I have so few facts, I cannot counsel you as to how to proceed. However, it is matter worth looking into for sure. If you cannot get a local lawyer to help, you may have to go out of town to hire someone. They will want to be paid by the hour, but may be willing to wait for some of the payment until you obtain some assets, if they see your chances as good enough.

Best wishes,

Mark J. Mahoney

Read more
Answered on 2/10/05, 11:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Wisconsin