Legal Question in Wills and Trusts in Wisconsin
My mother was named in my aunt's will, but my mother is deceased. Does it automatically go to my mother's first born child or some other family member? My aunt had no spouse, children or surviving siblings or parents.
Also, the will has been altered with white out covering my mother's name and adding a cousin in its place. Is that legal? thank you.
1 Answer from Attorneys
Wills never have any legal effect until filed with the court in a probate proceeding, following which the court will eventually appoint a representative with powers to implementing their provisions, subject to the supervision of the court. If one beneficiary dies and the will does not name an alternate, the will might pass the dead person's share to his or her children. However, a will can also eliminate this or direct that it go to the dead person's estate for distribution under the laws of intestate succession, which is the same as not having a will. Alteration of a will can be recognized by the court, provided that all statutory witnessing requirements are complied with as to the alteration as well as for the original signature. Failing this, however, the court might not admit the altered version into probate and might proceed instead on the original version. Please remember that my answer question here does not make me your lawyer and I will not be taking any action on your case. However, you are welcome to contact me at my Racine, WI offer during business hours at 262-633-3090 or email me at [email protected] if you have further questions. See me on the web at www.jayknixonlaw.com
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