If my fatger past away yesterday, do we have the legal right to view his Will?

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If my fatger past away yesterday, do we have the legal right to view his Will?

My sister and I have not spoken to him in 12 years. We felt it was best for the health and welfare of our family. He remarried 8 months ago and we are being told by his new wife, whom we have never met, that we are not to come to the services and are disinheirited. She said this is in his Will. My sister and I would like to see this Will. The services are on Sunday.

Asked on June 20, 2013 under Estate Planning, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation.  The state of Wisconsin  - which is the state that you listed in your question - allows you to disinherit your children.  Although the law varies on how this is to be done, generally speaking it has to be n the Will and it has to be laid out in specific terms and language.  Just omitting children does not necessarily disinherit them.  Rather it opens the Will up to potential challenges.  You should definitely receive a copy of the Will as well as Notice that it is being offered for probate.  This starts a time clock for challenging the Will.  As for attending the services, I hope that you did but maybe stayed back so as not to cause an issue with his wife at this point in time.  I would speak with an attorney in your area as soon as possible.  Good luck.


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