Legal Question in Wills and Trusts in Wisconsin
What good is a Will?
My father passed away in December 2002. He had told my brothers and myself that he had a Will and that he was leaving something for each of us. In January of 2003 my step sister sent me a very nasty letter and in it told me that yes, there was a Will, but that she and her mother had given everything to charity because they didnt feel we deserved anything from my father. I checked with the courthouse in my fathers hometown but no Will was ever probated nor was one
on file. Is there anything I can do about this? If not, then what good is a will?
1 Answer from Attorneys
Re: What good is a Will?
Hello,
This is a difficult case, and I will not be able to give you an answer you can reply upon because I dont have all the facts I need. A Will is "good" and works, but it depends upon the executor named in the Will to carry it out. If he or she doesnt follow the Will, they can be sued by the heirs. However, what if the Will has been destroyed? How will you be able to prove what your father's Will said? However, one option is that the heirs can open up an estate even if there is no Will or the Will has been lost or destroyed. If you are entitled to his estate as closest heir, then someone who gave his estate away will be liable to you. Of course, getting the money back will require legal expenses, and depending on the size of the estate, this may or may not be worth it. Consult with a lawyer or two and see what your options are. Best wishes,
Mark J. Mahoney
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