Legal Question in Wills and Trusts in Wisconsin
Our Mother wrote a hand written Will and dated it. The Will was written well-before she contracted severe dimentia and she cannot function on her own. The Will was just found and our Mother is still living; is this Will (under the circumstances) legal? (The Will was written in Wisconsin)
1 Answer from Attorneys
Odds are slim that a homemade will would ever be useable in court to carry out your mother's estate plan, regardless of whether or not she was competent when she drafted it, since she probably did not understand the formalities of witnessing and execution required under WI law when she wrote it up and signed it. However, if she is still alive, there may still be ways to correct these deficiencies in order to make it valid. You should therefore consult with an experienced probate lawyer as soon as possible.
My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. or past online answers at the following links: http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain advertising materials.