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... View More 
answered on Apr 14, 2020
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... View More
answered on Apr 8, 2020
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... View 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... View More
answered on Feb 28, 2020
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... View More
Need forms for Wi irrev. trust with trustee and beneficiary agreement, less than $100000 in assets to terminate trust?
answered on Feb 21, 2020
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... View 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 ?
answered on Feb 18, 2020
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... View More
The offer is 15k under market value
answered on Feb 12, 2020
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... View 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?
answered on Feb 4, 2020
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... View More
answered on Jan 24, 2020
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... View 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.
answered on Jan 15, 2020
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... View 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.
answered on Jan 12, 2020
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... View More
I will have a name change and nothing in the trust addresses this.
answered on Dec 23, 2019
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... View 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?
answered on Dec 12, 2019
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... View More
My brother passed away unexpectedly a few days ago. He was in the process of completing a will but did not
complete it. He has two (2) estranged children. I does have assets (condominium/car). He made it known that he wanted me to handle all of his affairs in the event of his death and... View More
answered on Dec 9, 2019
I am sorry to hear about your brother's passing. Unfortunately, if he did not complete and sign the Will before two disinterested witnesses, it will not be valid in the State of Wisconsin. Based on the facts above, it sounds likely he died "intestate" meaning his assets will pass... View More
answered on Dec 4, 2019
You should speak with an attorney who can examine the deed and help you file a form with the Register of Deeds that will remove your husband's name from the title, if the title was held as joint tenants with rights of survivorship, or as husband and wife as survivorship marital property. If... View More
Buying house, he is on the loan and I am not. The bank just said I cannot be put on the title because we are not married? Is this law or policy? Thank you!
answered on Dec 4, 2019
If two parties are not legally married, I do not recommend jointly owning property with someone who is also not liable for the mortgage on the property. Once you are married, your husband can add you to the title, if he wishes via deed. In Wisconsin we have a special form of ownership where married... View More
The company timbering the line trees has cut about half an acre of our pine trees (roughly 150 pines) even though the trees and boundaries were clearly marked. After speaking with the owner and setting up a day to discuss this, he knowingly sent his workers back on our property to collect all the... View More
answered on Dec 1, 2019
Hello, I am sorry to hear this happened to you. You posted in the Real Estate Law forum for Wisconsin. It is possible that you live in Wisconsin, however if this property damage occurred in Carrol County, Virginia, you are going to need to find a lawyer licensed in Virginia to help you. I suggest... View More
If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?
answered on Nov 25, 2019
It will depend on exactly how they calculate the interest, if it is compounded monthly or annually, this will make a difference in the total owed. I would contact the Treasurer's office in Vernon County and ask them for a copy of the tax statements on the back taxes owed. They should be able... View More
Is it really necessary to hire a real estate attorney to title the property in our name or can we just contact the clerk and have it done on our own? The title is clean and the property has been in the family for 43 years.
answered on Nov 22, 2019
The clerk's office will not be able to assist you with transferring the property. They can give general information, but not legal advice, so they will likely direct you to a lawyer. The terms of the irrevocable trust will determine what steps need to be taken to transfer the property from the... View More
Is the above upheld regardless of when probate ends?
answered on Nov 18, 2019
If the trust was created by the Will, such as a testamentary trust created inside his Will, then the trust may not come into effect until the probate has finished. It depends on the wording of the Will. If the Trust was created on its own, outside the Will, then the Trust should not have to go... View More
The life insurance policy currently has no beneficiaries listed
answered on Nov 12, 2019
If the power of attorney document authorizes the Agent to make changes to beneficiary designations, and if it does not prohibit the Agent from listing themselves as a beneficiary, then it is likely they can list themselves as a beneficiary on a life insurance policy. The context is important here... View More
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