Legal Question in Wills and Trusts in Wisconsin

Re: What happens if the will is not signed and a copy but witnessed

Greetings,

I had the chance to read the replies of the other two attorneys before writing this one. I concur with both of them. Pembroke was correct in his general information provided. The other attorney was correct in saying that if the deceased was a Wisconsin resident and the property is here, you will need an attorney who is licensed in Wisconsin to deal with this.

You can either locate an attorney in the same vicinity in Wisconsin to where the real estate is located, or find someone else in Wisconsin.

Best wishes, Mark J. Mahoney

Re: What happens if the will is not signed and a copy but witnessed

First of all - if your husband's mother passed away in Wisconsin, you will need to pose the question again to a Wisconsin attorney. Probate laws vary from state to state and it is important to know what laws are going to apply.

However, in general, if there is no will, the estate will pass as per the laws of intestacy (pursuant to the state's probate laws).

It would not be a common practice for an attorney to take an estate on a "contingency" fee, but I'm sure that you will be able to find someone to take your case (and wait for the payment) if there are assets in the estate.

Good luck to you.

Re: What happens if the will is not signed and a copy but witnessed

Ordinarily, you need the original will signed by the testator in front of witnesses, and a notary, for the will to be valid. Based on what you describe, the will is not likely to be held valid, without more facts.

Your husband should consider attempting to set aside the document you describe. You don't say what the will says, but your husband is an "heir at law" of his mother's estate, and would be entitled under Illinois law to a share of the estate, based on the law, with shares going to his siblings, if any, and his stepfather.

The amount of money that can be passed to heirs without a formal probate is limited to $100,000 in "probate property". I can't tell without more facts whether all of the $295,000 is probate property, but if it is, a formal probate proceeding should be opened. Even if no one else does anything, your husband has standing to initiate a probate proceeding to determine the nature and extent of his mother's estate, and who her heirs are.

I don't know the significance of February 12, but your husband should contact an attorney to review his rights in the circumstances.

Our firm does not take contingent fee work, but we have been willing to work out a deferred payment arrangement, with an appropriate adjustment to the hourly rate, if it is likely that the estate has funds sufficient to pay our fees.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.