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Inheritance

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theCheesehead

Junior Member
What is the name of your state? WI

I recently discovered that an uncle who passed away in 1983 of a heart attack left his farm and land in writing, to my brother and me. I had worked on this farm for several summers when I was in school. His wife, who is still living changed the written will somehow and we received nothing. She sold the entire estate for little of nothing back in the late '80's. At the time, we were still in high school, and no one ever told us about this until now. Is there any way to contest this situation after all this time has passed?

Thank You!
 


Dandy Don

Senior Member
Most likely too late to contest the will.

But you need to do some more investigating into the situation to find out what actually happened. Go to the county courthouse and find out if there was a will that was actually probated for your uncle's estate or whether it was probated without a will. Your saying that "he left the farm and land, IN WRITING, to my brother and me" is very vague--was it left in an official will, or in a separate piece of paper that was not a will?

See if the land is mentioned in the estate and how it was handled. Then consult an attorney to find out what your options are. You may have waited too late to do anything, but if there is a loophole in the title/deed to the land or it was never officially probated, you might be able to get something done.

DANDY DON IN OKLAHOMA ([email protected])
 

nextwife

Senior Member
What is the name of your state? WI

I recently discovered that an uncle who passed away in 1983 of a heart attack left his farm and land in writing, to my brother and me. I had worked on this farm for several summers when I was in school. His wife, who is still living changed the written will somehow and we received nothing. She sold the entire estate for little of nothing back in the late '80's. At the time, we were still in high school, and no one ever told us about this until now. Is there any way to contest this situation after all this time has passed?

Thank You!
Are you sure she didn't simply become owner via joint tenancy? Was this their joint homestead? Marital property laws exist to prevent SAH spouses from completely losing their homes out from under them when the other spouse dies or they divorce.
 

nextwife

Senior Member
What is the name of your state? WI

I recently discovered that an uncle who passed away in 1983 of a heart attack left his farm and land in writing, to my brother and me. I had worked on this farm for several summers when I was in school. His wife, who is still living changed the written will somehow and we received nothing. She sold the entire estate for little of nothing back in the late '80's. At the time, we were still in high school, and no one ever told us about this until now. Is there any way to contest this situation after all this time has passed?

Thank You!
Are you sure she didn't simply become owner via joint tenancy? Was this their joint homestead? Marital property laws exist to prevent SAH spouses from completely losing their homes out from under them when the other spouse dies or they divorce.

In WI, a property held by H&W is "presumed" to be held in Jt Tenancy, and the result is that the property automatically becomes the full property of the surviving Jt Tenant, regardless of what any will may say. Even if they were not both in title, the spouse becomes vested with homestead rights to the marital home.
 

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