Kalamazoo, MI asked in Estate Planning for Wisconsin

Q: Is a handwritten, signed, dated, non notarized change on a revocable trust legal in WI? This cut out 1 of the 5 children

My wife is the co-executor (along with her stepsister) of her stepmothers trust. She made this amendment 1 year before her death and told both of the executors verbally. She had intentions of going to a lawyer to finalize this but never made it. She also included justification for this change saying that the child was cut out because of a personal debt that was never repaid and unpaid bills on the timeshare that was quit claim deeded to her 3 years before. Is this amendment legal? If my wife distributes to the remaining 4 siblings will she or the other children be liable in any way? Would she be more liable because she was an executor?

As a secondary question, my sister-in-law who was cut out has no money to hire an attorney. If her share were to be less than 25K would she be able to hire an attorney based on the possibility of this future payment from the estate?

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1 Lawyer Answer

Michael Hales

Answered

A: I'm a little confused with some of the facts here, but I can answer any questions you have about the timeshare matter. I recently wrote an article about legal options regarding timeshares that you can access here: https://www.targheelaw.com/article

If you have any questions about that issue, let me know. Otherwise, I recommend reaching out to a local attorney in Wisconsin regarding the other issues. Some may be willing to negotiate a fee agreement based on those potential future earnings.

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