Amherst Junction, WI asked in Probate for Wisconsin

Q: My mother passed away and named my brother as representative. What happens if I don't consent to him?

I have no reason to believe that he will treat me fairly, In fact he has threatened me physically and wont let me in her house, yet he and my sisters have ransacked her house.

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
Answered
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: It sounds like your brother send you a Waiver and Consent for informal probate, to allow the Will to be admitted to probate and to consent to his appointment as Personal Representative under an informal administration. If you do not sign the Waiver and Consent, then he cannot be appointed as Personal Representative without a hearing. If you do not feel your brother will do a good job as Personal Representative, then you should not sign the Waiver and Consent and should seek your own legal counsel before proceeding.

Here is a link that explains the different types of probate. http://www.wripa.org/types-of-probate-proceedings.html#:~:text=Formal%20Probate%20is%20the%20administration,all%20of%20the%20interested%20parties.

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