Legal Question in Wills and Trusts in Wisconsin

right of last refusal

this relates to property- the wife of the deceased owns the property however the legal representative at that time also added the son of the deceased (previous marriage)has the right to use this property (cabin) at any time including friends and has the right of last refusal while the owner still pays all expenses. Can this be overturned and how do we do this.

thank you


Asked on 6/01/09, 9:32 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: right of last refusal

Sorry, but you will have to be much more specific before anyone can provide an answer to your question. You say the property is owned by the surviving spouse. If it was not part of the deceased's estate the deceased's will would have no effect on it. If it is part of the estate and seems unwieldy or unmanageable, it may be possible to have the court interpret the will to provide clarification as to what was intended by the deceased.

If it is part of the estate, one would still need to have specific details in order to render an opinion as to its enforceability or effect. For example I have not heard of a "last" right of refusal. Perhaps this actually was meant to be a first right of refusal, but even so, one still cannot render an opinion in a vacuum.

Please restate your question with more detail if you seek some kind of useful response.

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Answered on 6/01/09, 10:44 am


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