Legal Question in Wills and Trusts in Wisconsin

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?


Asked on 2/08/14, 11:26 am

1 Answer from Attorneys

JAY Nixon nixon law offices

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.

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Answered on 2/08/14, 1:26 pm


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