Can the spouse of a deceased person change his will?

Our uncle recently passed away. His wife told us that he left us nothing in the will, but revealed that he left money to her children, grandchildren, nieces and nephews, her brother and even her uncle. We don’t believe that we were left out 4 of us. She won’t show us the will or changes she made before and after his death. Is there a way to find out if we really were excluded or something we can do if she has in fact ‘cut us out’? She also transferred three houses to her children that were supposed to go to his son.

Asked on June 12, 2016 under Estate Planning, Wisconsin


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The Will of the decedent (deceased person) cannot be changed by a spouse or anyone else because that would be fraud.
You can file a petition with the probate court contesting the Will based on fraud.  Since other nieces and nephews were beneficiaries, it is possible you might also be a beneficiary unless you were intentionally disinherited.

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