Legal Question in Wills and Trusts in Wisconsin

No original will and estate left to minors

My sister passed away recently and after an exhaustive search, we cannot find an original will. She did have one drawn up in 2001 leaving the remainder of her estate to my minor niece and nephew, but had stated that she had changed her mind about the will and redone it. I believe that she destroyed the original and did not recreate it. She had stated that she wanted to change it so that the minor children were no longer beneficiaries. We have found copies of the original will, but question whether we should attempt reinstatement since one of the sisters does not agree with that as the decedent expressed a desire to change her will and does not want to liquidate family heirlooms in favor or minor children. Does the burden of proof lie with the reinstatement supporters or with the person contesting the reinstatement? There are outstanding bills and a mortgage to be paid. Would passing the estate to the minor children involve assigning a guardian at litem?


Asked on 11/24/08, 11:08 pm

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

Re: No original will and estate left to minors

Someone needs to commence a probate proceeding. There is an issue as to whether your sister revoked her will, since merely stating so may be insufficient proof. The fact that other relatives are suggesting they don't like a particular will indicates it would probably be a good idea to submit the original will for probate, have a guardian ad litem appointed for the kids, and let your other sister defend her position, after which the court will decide. If she used a professional to draft the original will, it would be likely that she'd return to the same lawyer, so if there were an updated will, that may be where to look for it. Even a copy may be proved as an original in some cases in Wisconsin. This is fairly complicated, and I'd suggest you see an attorney/firm with lawyers well versed in these types of matters.

Read more
Answered on 11/25/08, 3:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Wisconsin