Legal Question in Wills and Trusts in Wisconsin

We can not receive copy of fathers will

My brother and I lost our father 6 weeks ago. His live in girlfriend of twenty years has claimed she has gotten everything, but will not produce his will(she has it in her possession). Calls to the lawyer handling this are not being answered to our satisfaction. We know we are getting delayed for some unknown reason. Now yesterday we were informed by his girlfriend that we were getting two forms to sign-- to either accept what she has told us is in the will or to contest it., yet we have never seen the will. Two questions: What is the timeframe for his only two children to see the will? And shouldn't the lawyer, who dad hired to do his will, actually be dealing with his next of kin rather than someone hoping to persuade things their way?


Asked on 10/06/04, 9:12 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: We can not receive copy of fathers will

Greetings,

Sometimes people think that legal answers are easy to give, but often they are not. A lot of

that is because we don't have all the facts, and even when we do, it can take some thought and time to sort things out. In this case, maybe the girlfriend was named excutor or personal respresentative of the estate. If so, then it makes sense that the attorney is working with her. If an estate has to be opened up in court, which it seems like it will be, then you will get notices, be able to see the will, etc. What the girlfriend says about agreeing or contesting does not make sense to me. She may not have explained things well. However, if she does give you some legal papers, or even if she does not, you should get some more detailed legal help. If it turns out that he had a large estate and there are some things to look into, then the amount involved to you might be worth much more than what some legal help could cost.

Best wishes, Mark J. Mahoney, Appleton, WI 920-380-4144

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Answered on 10/08/04, 12:20 am


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