Legal Question in Wills and Trusts in Wisconsin

A family member wants to avoid getting their share of their surviving parent's will. The daughter was told by an attorney that if she wrote her will to give her share to someone else, at the time of her mom's death her share of the estate would bypass her and go to the person she designated in her will even though the daughter is still alive.

Is this possible?


Asked on 8/19/10, 10:10 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

If someone is named to receive something from a decedent's will, after the person dies and the will is being probated, the person can "disclaim" the property by filing with the personal representative of the estate a "disclaimer." The property will then pass as if that person had pre-deceased the one who died.

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Answered on 8/25/10, 7:42 am


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