Legal Question in Wills and Trusts in Wisconsin

First off I am trying to find the will. My wife's mom passed away 2 months ago and in the will everything was left to my wife and her sister. My mother in law only had cash in a bank account left at her passing. My wife's aunt and uncle my mother in laws sister and her husband helped her sister make decisions ( a will and a new bank account ). When all the dust settled my wife her sister and their aunt went to the bank to settle the account and their aunt was a beneficiary on the account as well as my wife and her sister. The aunt walked away with 52k 1/3 of the account. I some done reading and if the will states it overrides any beneficiaries my wife and her sister may be entitled to get that money back. I am not sure if this works in Wisconsin.


Asked on 11/26/17, 9:54 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Unfortunately, wills normally do not override beneficiary designations in financial accounts in WI. This was the subject of a recent appellate court decision here, which held that a beneficiary designation with the financial institution trumped a will bequest. However, you need to go over your case facts with your own attorney before you make any decisions. There may also be other ways to fight the beneficiary designation about which your lawyer can advise you.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. View other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials. .

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Answered on 11/26/17, 2:54 pm


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