Relative Changed Grandmother's Will and Grandmother Has Alzheimers

[April2228]

My question involves estate planning in the state of: Wisconsin

About 12 years ago when my grandmother was of sound mind, I took her to get her will created. At that time she made it very clear that 50% would go to my mother and 50% would go to my uncle (her only 2 children). My grandfather has been deceased for a long time. My grandmother also put in the will that if my mother would pass away before her, that my mom's 50% would get divided up among her 4 children (me and my siblings). My mother passed away 10 years ago (so she did pass away before my grandmother).

My grandmother is now in a nursing home with alzheimers/dementia and isn't doing too well. My uncle made it clear to my siblings and I recently that "the will has been changed" and won't give us any more information. My siblings and I think that my uncle had the will changed and had my grandmother sign it (which she wouldn't know what she was signing because of alzheimers).

Is there any way that we can look at the will before grandmother passes away - is it public record? Do my siblings and I have a case against my uncle because he changed the will after my grandmother got alzheimers?

Please advise. Thanks.

[Mr. Knowitall]

If a new will is produced after your grandmother's death, and it was signed by her after she became incompetent, you can challenge it in court on that basis. You can then attempt to introduce a prior will, which will also be subject to potential challenge by other heirs. Assuming that only two wills are produced, the judge will decide which, if either, is valid. If both are invalidated and there's no other estate plan to fall back upon, the estate will be distributed according to the laws of intestate succession.

[April2228]

Thank you for the information. Do you know if a will is public record before the person passes away? My siblings and I would really like to see the new will.

Also you stated that if he changes the will after my grandmother passes and she signed it while incompetent, then we may be able to challenge it in court. But what about before she passes on, if my uncle changed the will and had my incompetent grandmother sign?

[harrylime]

No, the will is not public before the testator passes away.

Also you stated that if he changes the will after my grandmother passes and she signed it while incompetent, then we may be able to challenge it in court. But what about before she passes on, if my uncle changed the will and had my incompetent grandmother sign?

There is nothing that can be done before your grandmother passes away. You get your chance when your grandmother passes and the will is submitted for probate.