After a person dies, their possessions are given to their heirs in accordance with their will. Before that can be done, the will must go through the probate court system. This process determines if the will is genuine. It is also an opportunity for anyone to dispute the will. Even if a will is signed by the decease person, it can still be contested. Family members can charge that a nurse or home healthcare aid had undue influence on a person. This is a common charge when a deceased person suffered from dementia and changes were made to the will in the final months of their lives. The executor of a will often hires a probate attorney in Wausau, WI to help them.
The executor of a will is required by law to file it as soon as the person dies. It is a crime to hide or suppress the will in any way. There are statutory requirements in each state that require the will to be filed within a certain timeframe. In today’s world, where people can have several spouses and significant others, there can be many hard feelings when the will is read. Each of the spouses may believe they were promised certain assets. In fact, they may have older copies of the will that lead them to believe this. Except under special circumstances, the court will only validate original drafts of the will. It is necessary to file the original copy of the will and all companion documents. If the original will can’t be found, then there are special procedures for determining if a copy can be probated.
People have to work closely with a probate attorney Wausau WI to ensure that their property is given to the correct people. If a person is of sound mind and wants to leave all of their possessions to their housekeeper, they have that right. However they can expect children and even former spouses to contest this will. Their attorney will work with them to ensure that this unpopular decision is respected by the probate court. They may even suggest a video, so that the judge can see and hear the person in their own words.