Can a will be challenged if it was executed under duress?
Yes, a will can be challenged if it was executed under duress in Wisconsin. Duress, or undue influence, is a legal term that means the person signing the document was forced into doing so through pressure, threats, or other improper means. In court, the person bringing the challenge is required to prove that the testator (the person writing the will) was not of sound mind and acted under duress. If a will is successfully challenged, the court can declare it null and void. In this case, the distribution of the deceased person’s assets will be governed by the state’s probate laws. In Wisconsin, the probate law states that if a will is invalidated, the deceased person’s assets will be distributed according to the state’s laws of intestate succession. This means that the deceased’s assets will be divided among their spouse, children, other family members, or even the state if no valid heirs are found. If you feel that a will was executed under duress, it is important to contact a lawyer and determine what your legal options may be. An experienced probate lawyer will be able to advise you on the specifics of the law and how to best challenge the will.
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