The deed to our family cabin In Wisconsin lists my mom and her deceased brother as tenants in common. He passed away 9 years ago without a will. How do we get his name off the deed?
When a tenant in common passes, their interest in the property passes to that person's estate. If your Mom's brother passed away with no Will, he died what we call "intestate" therefore his property would pass according to the Wisconsin rules for intestate succession in Chapter... Read more »
Can I go about getting the money transferred to me and I disburse it to my mother and I without giving it to her payee.
If your grandmother passed away without a Will, someone is going to have to petition to open a probate case for the Estate in the County in which your grandmother resided at death. Then someone will also have to volunteer to serve as Personal Representative (aka Executor) of the Estate (likely one... Read more »
We both want our children, not the surviving owner, to inherit our shares. We both (my cousin and I) live in the state of WI and the property is in MI. Does the inheritence info go into our deed or each of our wills?
The answer to this question will depend on how title to the real estate is held with your cousin. If you hold it as joint tenants, then the survivor of either of you would inherit the deceased person's interest. However, I think it is more likely that you hold it as tenants in common because... Read more »
My condo board president is also the office manager. Because of this, she really does not have anyone to hold her accountable. She makes up rules that are not in the condo docs, only enforces certain rules/regulations in the condo docs and then breaks other ones herself. She has harassed me to the... Read more »
I am sorry to hear about this difficult situation. The answer to this question will likely depend on what the Condo Board Bylaws say. I would obtain a copy of the Bylaws from a member of the Condo Board and then review them carefully to see what they say about conflicts of interest and whether the... Read more »
we should have an attorney go over the paperwork and possibly accompany us to our closing? This is the first home we are buying and we do have a realtor, we are just not sure how all of this work.
Justia has an attorney listing service. I would do a search for attorneys in the Baraboo area who practice real estate law and contact some of them to see if they could review your documents before the closing. There are also other attorney listing services you could use to locate attorneys in the... Read more »
My father-in-law would like to sell my husband and I his house on a land contract. My father-in-law still has a mortgage on the house currently but he was diagnosed with Cancer and put on Hospice. Can we use a land contract to obtain the house.
You should examine the mortgage documents carefully. Usually, the bank will have a lien on the house, as a secured interest on the property, superior to all of the other lien holders. Therefore, if your father-in-law should die, his heirs (the people he names in his Will if he has one, or the heirs... Read more »
$7900. I have to keep my resources under $2000 for SSI. I want to spend the money on my sister's funeral costs. Can I do that? What do I do with the check?
Hello, I am sorry to hear about the death of your sister. If your sister's Estate had no other assets, and there are funeral debts outstanding, then in a situation where you were not receiving SSI benefits you could use that money to pay for her funeral. However, normally, her Estate would pay... Read more »
No home, no car, no investments , no life insurance, no death benefit on her pension income, just household items. Do I have to set up a probate case? How do I handle her remaining medical bills. She has no other debt, just medical bills that exceed her assets. Do we have to sell her household... Read more »
I am sorry to hear about the passing of your Mother. In Wisconsin, for small estate less than $50,000 in value, there is a transfer by affidavit process to transfer assets when the total value of the estate is less than $50,000. In this case, if there are no financial assets, and no real estate,... Read more »
No wills
Uncle Billy passed away estate years before my Uncle Bobby passed away. My mother inherited my uncle's bobbies estate because she was alive when he passed away So when my mother passed away my mother's inheritance from my uncle Bobby's estate went to her three... Read more »
If both Uncle Billy and Uncle Bobby passed away without a Will, then the Estate of each one would be governed by the Wisconsin basic rules on intestate succession. Those rules are found here in Chapter 852.01. Under Chapter 852.01(2) there is a survivorship requirement, and that requirement is... Read more »
The answer to this question depends on whether your brother left you his half through his Will, or through a trust, or by deed. Depending on which instrument he used, you will need to examine the instrument itself. If he left it through a Will, it is likely a probate action will be needed in... Read more »
My "residential offer to purchase" agrees to ingress egress easement from neighbor owner for parking. "seller shall deliver a written assessment in recordable form". Seller owned both homes at the time. 10yrs using easement access, the seller never recorded the easement and just... Read more »
I am sorry to hear about this situation. Did the seller ever deliver the written assessment to you in recordable form? If so, it sounds like it may have been your responsibility to record it as the new buyer. Does the offer to purchase explicitly state who is supposed to record the easement? I... Read more »
Need forms for Wi irrev. trust with trustee and beneficiary agreement, less than $100000 in assets to terminate trust?
I recommend you review the trust agreement itself to see if it has a provision about "uneconomical administration" where it lays out a procedure whereby you can terminate the trust. If not, you may need to rely on the provisions of the default Wisconsin Trust Code. In some instances, it... Read more »
But found out there’s a lien on the house with someone else. The person with the lien passed away recently. If I end up paying for the house who does the money go to? Or should I keep paying my land contract and he pays of the lien ?
The lien would follow the estate of the deceased. So whoever owned the property, their Estate will own a beneficial interest in the property, subject to the lien on the property.The Estate of the deceased will likely be bound by the terms of the Land Contract that you signed. You should examine the... Read more »
The offer is 15k under market value
Generally, the Personal Representative named in the Will is in charge of managing the property owned by the Estate and distributing it according to the scheme laid out in the Will. This usually includes the power to list and sell real estate, unless the will directs some other plan for the real... Read more »
My mom has three children. Oldest is an addict, and have warrants in another state. Second child is currently incarcerated. How can I legally become executor of my mothers estate so I can carry out her wishes?
If your Mom died without a Will, she died what we call "intestate" meaning with no Will, and her estate will be distributed according to the laws of intestacy written by the Wisconsin Legislature. Since you are a child and an heir of your Mother, you can petition to be appointed as... Read more »
The Justia Lawyer directory is a good place to start. I recommend looking for an attorney who focuses their practice on estate planning to provide you with the best advice possible in this area. You can review different attorney profiles and websites to find one that best fits your needs. In my... Read more »
Our attorney received a title in 2007 directly from another attorney and never gave it to us. He now says he no longer has the file.
Check your written fee agreement with the Attorney to see how long it says they will retain your file. The amount of time they hold your file after a matter is closed varies from firm to firm. Ten years is a standard amount of time to hold a file, after which an attorney may destroy it at their... Read more »
They called it a "closing cost". I had offered to pay up to a certain amount of closing costs. What now? This is part of the cost of buyer getting a mortgage.
If the terms of the offer says the Buyer is responsible for the appraisal fee, then the Buyer should pay this cost. You should examine the offer to purchase carefully to be sure this is indeed what it says. It is possible the title company made a mistake in charging this amount to you instead of... Read more »
I will have a name change and nothing in the trust addresses this.
If the condo is titled in the name of the irrevocable trust, then the terms of the irrevocable trust itself will determine what happens to the condo. If it is properly set up the title to the irrevocable trust should now hold the condo. If you are the trustee of the trust, you are responsible for... Read more »
Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?
Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they... Read more »
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