Legal Question in Wills and Trusts in Wisconsin
Wills
I was told my someone that legally my estranged father has to mention me in his will (be it $0 or $100) and if he does not, I legally automatically inherit the entirety of the inheritance. I live in Illinois and am originally from Wisconsin, where he currently resides. Is there any validity whatsoever to this claim?
2 Answers from Attorneys
Re: Wills
Not true. That someone was referring to when someone dies without a will, the state has a built in assumption about what to do with the deceased person's property. If your father has a will saying leave 100% to person X, person X will get it.
Re: Wills
The assets will be transferred to the person or charity named in the will unless there is a challenge to the will. In cases where a spouse or a child is omitted from the will entirely, and depending on the size of the estate, this is something you may want to do.
You should be cautioned that a will challenge is a costly endeavor (especially if someone will be fighting back against you). I would advise you to meet with an attorney to review the situation and to discuss your options, costs involved, and chances of prevailing.
Good luck to you.
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