QUESTION

What if my uncle left an unsigned will?

Asked on Jan 16th, 2012 on Estate Planning - Wisconsin
More details to this question:
A relative passed and only a 2004 will was found. An online record of updates from 2010 exists. Cannot find signed copy.Our uncle recently passed and often spoke of my husband "getting it all" when he died. Come to find out, his lawyer and life insurance company named a different person as the beneficiary, working off a 2004 will. We found an online record from an online will creating company from 2010. They however, do not have a signed copy. We could not find a signed copy in the house but the safe was open when we arrived to start the funeral arrangement processes. Once we have this online updated will in hand, is it relevant at all? We are in Texas, Uncle's estate is in Wisconsin.
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1 ANSWER

Estate Planning Attorney serving Madison, WI
Partner at Horn & Johnsen SC
1 Award
An copy of an unsigned will is not admissible, unless you have evidence to prove that your uncle actually properly executed this document (i.e., testimony of subscribing witnesses). Further, please note that your uncle's life insurance company will distribute the life insurance proceeds directly to the designated beneficiaries of the policy, outside of probate and despite any contrary provisions contained within his will.
Answered on Feb 01st, 2012 at 11:53 AM

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