Legal Question in Wills and Trusts in Wisconsin

deceased fathers will, trust, & property

My father passed away in 2004 in Wisconson & I'm in California but my brother who is in Minnisota is the executor. I still haven't gotten a copy of the will, trust or even my life insurance which my dad took out on all four of us kids as soon as we were born. I believe the life insurance is ours now and the insurance company won't give me any info on it untill I transfer ownership from my father to myself. I just want to see the will at least. My brother says that when I call the lawyers their that it costs him $. But the will is too large for him to e-mail to me? How do I get a copy of everything all the way in California?


Asked on 5/12/07, 9:45 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: deceased fathers will, trust, & property

As for the life insurance, I am not sure if it was on your father or on your life. If the former,there should be no "transfer of ownership" requirement because you are not transferring ownership. The life insurance contract should state that upon proof of your father's death that they will pay the listed beneficiaries the stated amounts. If it is on your life, I would think you have an absolute right to see the policy to see if you are the owner of the policy or just the covered life. If you have to, write a demand letter to your brother that the policy be transferred immediately to you. Also demand a copy of the Will and any other documents he has. Go to the Probate Department web site where your father resided while alive and see if you can find out over the web the case number and any images of the documents in the file, which would include the Will. If the site does not provide that, tell your brother you will hire at his expense a record copying agency there to make a complete copy of the file; he does not need the attorneys approval to send you what you are requesting. He is in charge of the estate with the attorneys providing legal advice; tell him that if he does not respond you will have to contact the attorneys for the material and also ask for an accounting as to the estate. If you have already asked him this, you might need a sharp letter from an attorney. Almost any attorney with some probate experience can do it, it is just a matter of how much they would charge you.

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Answered on 5/12/07, 10:07 am


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