Legal Question in Wills and Trusts in Wisconsin
Waiver and Consent
Yesterday I received the will of my recently deceased grandmother from the law firm representing her estate. She named her pastor as Personal Representative/Beneficiary. Her estate is estimated to be $126,000. From reading the will, it looks as if everything is going to the pastor. The wording in the cover letter calls me an ''heir/interested party'' and I'm asked to sign a waiver and consent form. In the body of the will, she states that nothing is to be left to me ''other than
specifically herein provided''.
I am her only living family. My father predeceased her. My grandmother objected to my father's marrying my mother for religious and other reasons and she estranged herself from us. Should I sign this form and by doing so, am I relinquishing any claim to the will? Do I have any standing? Do I need to hire a Wisconsin attorney? I just got laid off my job and cannot afford expensive legal action. I'm supposed to sign this form and return it by 1-04-02.
3 Answers from Attorneys
Re: Waiver and Consent
You should contact a Wisconsin attorney ASAP. At least look into whether an attorney could help out on a contingent fee [ie, gets part of what is recovered. There may be grounds to set aside the will under local law, or look into whether you are a pretermitted heir as a grandchild. Each state's laws vary. Don ot sign the form, as it would likely be considered a waiver. Good luck, and Merry Christmas.
Re: Waiver and Consent
If you sign a waiver and consent, the Will will
proceed to be probated as it exists. Since you
are so far away, you would probably need to hire
local counsel to contest the will here in Wisconsin.
Re: Waiver and Consent
Don't sign these papers. In California it is
illegal for a personal representative to also
be a beneficiary. You definitely need a lawyer
If YOU are in California, call/e-mail me.
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