Monday, January 26, 2015

A friend was married to someone who passed away. They were never legally separated or divorced. Now a brother has come up with a will predat...

Question

A friend was married to someone who passed away. They were never legally separated or divorced. Now a brother has come up with a will predating their marriage saying he and one of the deceased's children get everything. Is this valid in Wisconsin?



Answer

Unless someone contests the will, the answer is "yes,"it likely is valid in WI. While either marriage or a divorce can often invalidate a will, the courts will not look into this issue on their own. You should therefore hire a lawyer to contest this outcome if you (or anyone else) is unhappy with the old will and its disposition of assets. A contest may not be worth it, however, unless there are substantial assets.

Answering you here does not make me your attorney, so please call 262-633-3090 for clarifications, additional questions or if you desire further assistance with this case. You can also email me at [email protected]/* */ You can also see me on the web at www.jayknixonlaw.com. See 15 years of past answers at http://www./answers/search/attorney/jknixon or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers and links may contain attorney advertising.



No comments:

Post a Comment