Contested Wills in Oak Creek, Wisconsin

Find the right Contested Wills attorney in Oak Creek, WI

The laws of Oak Creek, Wisconsin permit certain people to challenge, or "contest" the validity of a will.

A will is typically contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will usually assume that the will must be a forgery, or a result of fraud or force.

If there is a considerable amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Oak Creek, Wisconsin?

There are various reasons that an Oak Creek, Wisconsin court might hold a will to be invalid.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be really voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If you successfully contest the will in Oak Creek, Wisconsin, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Oak Creek, Wisconsin Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the entire process can be made more bearable if you have the help of a knowledgeable Oak Creek, Wisconsin attorney, and the process will probably be much more manageable.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Oak Creek

Oak Creek, Wisconsin is a city in Milwaukee County. It has a population of about 30,000 people. Oak Creek is a suburb of Milwaukee, the largest city in Wisconsin. Until the 1950s, Oak Creek was mostly semi-rural farmland. It was incorporated in 1955, out of unincorporated county land. This move was orchestrated by Tony Basile, who would become Oak Creek's first city attorney. The people of Oak Creek decided to incorporate into a town so the area would not be annexed by the rapidly-expanding Milwaukee. Oak Creek is the headquarters of Midwestern Airlines, a small regional commuter airline, and the source of hundreds of jobs in the area. However, the parent company of the airline is moving its headquarters to another city. Since that announcement, a large mining equipment company announced that it would be moving its headquarters to Oak Creek, Wisconsin, to occupy the corporate offices being vacated by the airline. If you live in Oak Creek, Wisconsin, and are in need of some type of legal help, Oak Creek, Wisconsin lawyers are ready to help. Oak Creek, Wisconsin lawyers can handle almost any legal problem a person might be faced with.

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