Legal Question in Wills and Trusts in Wisconsin

My mother married a man in 1981. Shortly after she received a sizable insurance settlement. They drafted a will which was expressly to prevent that will being changed if one preceded the other in death. I was named the executor of that will. My mom died in a car accident on April 14, 1993. My step-father remarried within the first year of her death. He and I have kept in touch but his wife has remained distant. My step-father died of cancer on Oct. 22, 2010. His wife didn't inform us of his death until Nov 12, 2010...3 weeks later. I knew he was being treated but wasn't told it was terminal. He was in the hospital for a week prior to his death. When she was told that my siblings and I would have wanted to speak to him before he died or at least pay our last respects she said that it was a small funeral only for family. Our only conclusion is that we weren't contacted due to this will. Is it possible that my mom's will was drafted so that it couldn't be changed? Do I have any recourse now?


Asked on 11/21/10, 4:55 pm

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

Typically to draft a will in Wisconsin that can't be changed, a couple does a "joint and mutual will." That document is then signed by both, probated when the first dies and then probated again when the second dies. If they had separate documents, it would really require an expert look at them to determine if the same result would occur. Good luck!

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Answered on 11/29/10, 1:33 pm


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