Legal Question in Wills and Trusts in Wisconsin

When our mother died, all of her children agreed that my sister sally, who is a lawyer, be executor. of out mother's estate. But when my sister sally didn't do what my sister Mary wanted her to do regarding the estate, Mary got quite upset and mailed the presiding judge a four page letter objecting to sally's appointment and wanted to be named executor. to our mother's estate instead of Sally. In her letter to the judge, Mary listed over 25 statements about herself and accusations against the rest of her siblings (By the way, Mary sent me a copy of this letter. That's why I know what she said to the judge). In the statements about herself, Mary told the judge how she was the only one that took care of our mother during the last two years of her life while the rest of her siblings totally ignored her. Mary explains to the judge on how many ways she helped our mother (I counted about eight of them). All of them either untrue or she left out some pertinent information. Mary also wrote about eight allegations the rest of her siblings said or did or did not due about our mother. Some of them Mary went back 30 years to find them. All of them are just out and out lies. Finally the rest of Mary's accusations and statements are stories that have nothing to do with our mother's estate. My question is should I send the presiding judge another letter which I would go through each one of Mary's statements and accusations one by one and offer the judge proof to show what Mary said is untrue or that she is lying. I am just afraid if I don't challenge my sister Mary, the judge might believe her letter and Mary will get away with it and be appointment executor., a position she does not deserve.


Asked on 7/09/13, 6:34 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

You really need to see a lawyer to protect your rights in your mother's estate. First, letters to judges are inappropriate. Court matters occur in court, where rights to cross-examine witnesses and rules of evidence apply.

You may want to just send the judge a letter saying you disagree with Mary's letter and that the appointment of a personal representative should be set for a hearing. Better, you may want an attorney to do that for you. He would most likely just write the clerk and ask that the matter be scheduled for a hearing.

It is easy for lay people to fail to understand how legal proceedings are handled. In any event, to protect yourself, you need an attorney.

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Answered on 7/10/13, 8:58 am


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