Milwaukee Probate And Estate Litigation Lawyers
At Laster & Associates, our attorneys bring decades of combined experience to families facing their most difficult legal moments. When a loved one’s estate does not reflect their true wishes, we offer steady and compassionate guidance to help you understand your rights and take meaningful action.
What Is Probate And Estate Litigation?
Probate litigation is the formal process courts use to settle disputes over a deceased person’s estate. It most often arises when a will or trust is challenged, when a beneficiary feels wrongfully excluded or when an executor fails to fulfill their duties.
Common Grounds For Contesting A Will Or Trust
Wisconsin law recognizes several legitimate grounds for challenging a will or trust. These include:
- Lack of testamentary capacity: The person lacked the mental capacity to create the document when they signed it.
- Undue influence: Someone pressured the deceased into changing their estate plan.
- Fraud or forgery: Someone forged or obtained the document through deception.
- Improper execution: The document does not meet Wisconsin’s signing and witnessing requirements.
- Revocation: A later will or trust exists that supersedes the one currently in question.
In Wisconsin, you generally have about 30 days from the date a petition is filed to challenge a will before the court admits it into probate. Trust contests carry their own deadlines and can depend on when the trustee formally notifies you. Meeting with us as early as possible is the most reliable way to protect your rights.
What Is A Breach Of Fiduciary Duty In A Wisconsin Estate?
An executor or trustee carries a legal duty to act in the best interests of the estate and its beneficiaries. When that duty breaks down, it can take many forms:
- Misusing or stealing estate funds
- Refusing to communicate with beneficiaries
- Making unauthorized distributions
- Failing to file required accountings with the court
- Mismanaging estate assets
- Favoring one beneficiary over others without a legal basis
If you suspect wrongdoing, you do not have to wait to act.
Do Not Let Someone Else Decide What You Are Entitled To
What your loved one intended matters and our team will fight to honor it. At Laster & Associates, our attorneys bring decades of combined experience to families in Wisconsin and approach every case with steady, compassionate guidance. Call our office at 414-973-1945 or reach out to us online to schedule your consultation today.