Legal Question in Wills and Trusts in Wisconsin

My mother passed Nov. 2017. Her will stated that her 4 daughters named individually got estate. "If any child of mine predeceases me, the interest which would have passed to her had she survived me is hereby given by right of representation to the descendants of said deceased child who survives me. If there is no surviving descendant of said deceased child, my property is hereby given in such shares and to such beneficiaries as would have been the distribution under this Will if that child had never lived."

One of my sisters passed Jan. 2019. The estate was still in probate at the time of her death and still is today. Where should her share go?

Asked on 9/03/19, 2:28 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Section 854.03 Wis. Stats. relates to how long a person must survive a decedent to inherit. There are some general rules and some exceptions. You would need to have an attorney review your question along with all your details to give you an appropriate opinion. In addition, the will itself may have a clause that requires someone to survive a certain amount of time in order to inherit. That will provision may then control, unless there are certain conflicts as described in the statute.

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Answered on 9/04/19, 9:56 am

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