Legal Question in Wills and Trusts in Wisconsin

Probate/Anti-lapse Statute

My Step Father pasted on back on May 31st 2006. The will said my self and my six brothers, two sisters were to split the will equally. In September one of my brothers passed away. According to the lawyer handling the estate said my brothers wife would not get his share because of the Anti-lapse Statute. I asked my union lawyer and this is what she said.

Hi--name removed-- As you requested, I am summarizing my response to the situation

you posed to me by telephone earlier today. As I understand, your

step-father died a few months ago and according to his will your brother is

a beneficiary of that estate. But unfortunately your brother passed away a

couple of weeks ago. (I am sorry for your loss.) Your brother's will left

his estate to his wife. Further, your step-father's will did not require

any beneficiary to survive him by a certain time period.

Under this scenario, your stepfather's estate is administered and when final

distributions are made, your brother's share goes to his own estate. His

assets then pass to his wife. Depending on the size of your brother's share

and his other assets, probate (a court proceeding) may be needed to then

transfer this inheritance to his wife. HELP


Asked on 11/07/06, 7:56 pm

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

Re: Probate/Anti-lapse Statute

Wisconsin has an anti lapse statute, but it only goes for 120 hours. Thus, if your brother survived your uncle by 120 hours, unless his will says otherwise, then he still inherits. See Sections 851.51, 854.03 and 852.01 Wis. Statutes.

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Answered on 11/08/06, 4:52 pm


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