What happens when a will is contested in court?
When a will is contested in court in Wisconsin, it means that someone is challenging the validity of the will itself or of an individual’s right to its contents. This can happen when someone feels that the will doesn’t reflect the true wishes of the deceased, or that the deceased was subject to undue influence or duress when they wrote it. It can also happen when a person feels that there has been fraud committed against them in regards to the will. In the event that a will is contested in court, the judge will listen to the arguments made by both the plaintiff and defendant and review any evidence that has been presented. The judge will then make a ruling based on the facts of the case. If they determine that the will is invalid, the court will distribute the deceased’s assets and property according to the laws of intestacy. In Wisconsin, a contest of will can be brought to court either before or after the deceased’s estate has been administered, though earlier challenges are generally better. If a court finds that an individual has a valid claim, the court may award them a portion of the decedent’s estate or revoke any transfer of assets or property that was made in accordance with the will. It is important to note that contesting a will in court can be expensive and time consuming, so all parties involved should consider all their options before filing a claim.
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