Legal Question in Wills and Trusts in Wisconsin

Death and property

When a will is made what circumvents it, other than another recent will. One of our family memembers has recently said they were considered a partner in a land buy, my father passsed and the land was put in my moms name. She has her will and the family member said he is going to take the property and real estate, because he is considered a third partner. Does the will stand? What are my options? Thanks


Asked on 1/20/09, 8:17 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Death and property

Sorry, but you do not provide sufficient detail to be able to respond fully. If the property were sold, given away or otherwise legitimately transferred before death, the property would not be in the estate and the will would not affect it - it would be too late. However, you do not provide enough information to determine how, if at all, such a transfer might have taken place. What does "considered to be a partner mean"? It sounds like this person's name was not on the title to the real estate and was not really a partner. Was there some kind of partnership or joint venture, either with or without a written agreement?

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Answered on 1/20/09, 9:57 am


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