Legal Question in Wills and Trusts in Wisconsin

How can I contest a Will

Back in January of 2000, my widowed Dad had made out his will naming his 4 children as equal 1/4 shares of his estate. In spring of 2001, my Dad found out that judgements that I had against me were paid and a satisfaction had been filed.. It was then that he told me for the first time that when he made out his Will in 2000, he had feared the possibility of liens being attached to the inheritance and therefore stated that my 1/4 would be distributed among my living children. He told me that since all debts had been cleared, that he would amend the Will to read 1/4 for all his children. My Father passed away recently and when I looked at a copy of the Will, I was surprised to find that he either forgot to change it, or he signed an amendment and it was not filed. Since the Will explicitly states as the reason for not making equal distribution to me to be as follows:''(he)chooses not to make an outright distribution (to me)due to the judgements that would be attached as liens'' and since, in fact, all judgements had been satisfied years ago and I know my Dad had intended for his 4 children to share equally in the estate,(as my brother and sisters agreed), can this Will be contested as to the intent of the distribution?


Asked on 6/20/03, 12:26 am

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: How can I contest a Will

Hello,

Sorry for the delay in reply. My quick thought in regard to your question is that you are out of luck. Yes your dad should have changed the Will but if he did not, you likely would lose a contest. However, that is not a legal opinion to rely on. If you were my client I would gather more facts, look at the will, do some research and then give you an opinion you can rely on. My advice to you is to have a lawyer take a little deeper look at this for you and go from there. Best wishes, Mark J. Mahoney

Read more
Answered on 6/26/03, 12:20 pm


Related Questions & Answers

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