Legal Question in Wills and Trusts in Wisconsin

Unsubstantiated Alleged Verbal Bequest

The will states that the estate is to be divided equally among 3 heirs with no specific bequests. One claims that the deceased promised several items to her prior to her death and has submitted expenses for same, but without any proof. What is the law on this matter?


Asked on 12/03/03, 4:22 pm

2 Answers from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Unsubstantiated Alleged Verbal Bequest

Someone will have to begin the probate, usually the personal representative named in the will. If the parties do not agree as to how to distribute the estate, the PR has a lot of control, and is subject to what the Will says, not unsupported hearsay. Any disputes as to the actions of the PR will be resolved at a final hearing on settling the estate.

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Answered on 12/03/03, 4:37 pm
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Unsubstantiated Alleged Verbal Bequest

Hello, I agree with the other attorney's response. In addition, promises to give things during lifetime or at death are rarely enforceable, as a general rule.

Best wishes, Mark J. Mahoney, 920-984-4529

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Answered on 12/03/03, 5:54 pm


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