Legal Question in Wills and Trusts in Wisconsin
What happens when the executor (my grandmother) of my mothers will dies 15 days after my mom an the person named executor my grandmother was 92 an in a nursing home could the executors POA (her other daughter) take over as executor an divide property even before my mother was in the hospital an refuse to show the family the will an take ownership of all the personal property left to the executor ( my grandmother) I am in the will an have only recived the vehical that was left to me not sure what else was said in te will but if it was all left to my grandmother then wouldnt that go to me an my sister not my aunt ?
1 Answer from Attorneys
Your case is a living example of why everyone should update their wills and other estate planning documents as they age. Naming someone who is older than you to be personal representative is almost never a good idea since it can result in exactly this type of scenario. There is probably a way to unravel this, but if the estate involved land or other large assets, you will need the help of an experienced probate lawyer. Living trusts can also assist in avoid such confusion, since no court action is required to transfer assets which are titled in the name of the trust prior to death of the owner.
I am not your attorney yet due to answering here, but you may contact my Racine office at 262-633-3090, or see me on the web at www.jayknixonlaw.com with further questions or to make arrangements for additional assistance. See my past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See over 15 years of my previous answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials..
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