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What right does the seller still have? Recently we rejected an amendment, buyer is now threatening court, closing, or cash to end this problem. I would like to know what we can do legally.
answered on Oct 22, 2019
In general, a Seller has no legal obligation to accept an amendment the Buyer may offer, after the terms of the Offer to Purchase have been agreed to. The Seller's obligation is only the terms of the original Offer to Purchase signed by both parties. The Buyer may have other legal remedies... View More 
She has been in nursing home since April, on medicaid since May,
and plan to move back to CA after the house is sold. Will this cause any problems with medicaid?
answered on Oct 14, 2019
If your Mother is currently receiving Medicaid benefits, you should examine the Medicaid application she submitted when she first qualified for Medicaid. The application should list the home in which she owns an interest as a tenant in common. If you and your Mother own it together and if your... View More
My mother passed away and my father is mentally disabled (he does not have a guardian, us kids have been taking care of him). The only asset she had was the house. The house is in both of their names. I am wondering if it is possible to for the estate to be divided up by us three kids and my father... View More
answered on Sep 27, 2019
I agree with Attorney Whitehurst you should first examine how title is held on the deed. If it is held as husband and wife as marital property, then your Father would inherit the home entirely without probate upon your Mother's death. If your Mother passed away without a Will, her estate will... View More
The down payment has been made and the sale was contingent on sewer and well, and we no longer want it
answered on Sep 23, 2019
This will depend on how the wording of the contract (the Offer to Purchase) was put together. If you said that the purchase is contingent on a sewer and water inspection, this is good. It now depends on if you wrote in that you have the right to rescind the contract if the inspection shows... View More
Can a lien be placed on my property because of his bad debt? He is not on the mortgage.
answered on Sep 3, 2019
I agree with Attorney Gallo, if you add your fiance to the deed of your property, then you are granting him an ownership interest in the property. This means if your fiance has creditors seeking to collect against him, they could potentially seek recovery against your property by placing a lien on... View More
Can he write a will to do so or would we need to transfer the deed?
answered on Aug 29, 2019
Is your father currently living in Wisconsin or in Puerto Rico? If he is living in Wisconsin, he can execute a Will that leaves the land to you at death. However, upon his death, this will require you to open two probates, one in Wisconsin for his Wisconsin property and a probate action in Puerto... View More
What is the fine or jail time per occurrence? Is it a felony?
answered on Aug 21, 2019
Wis. Stat. 452.17 provides the penalties for selling real estate without a license and reads as follows:
452.17 Penalties.
(1) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise... View More
Wisconsin lot with home.
answered on Aug 14, 2019
In Wisconsin, any permanent structure on the land is included with the deed to the ground beneath it. The only exceptions I know of are mobile homes, where a separate title may be issued for the mobile home by the Department of Safety and Professional Services. It depends on whether the mobile home... View More
Are the Realtor and/or WI Title Comp supposed to inform seller with details of all closing costs? In my case, my specific closing cost questions weren’t answered.
answered on Jul 10, 2019
The standard Wisconsin Offer to Purchase imposes the costs of title insurance on the Seller. So I can tell you this is standard practice in Wisconsin. Realtors are not lawyers, so they are not allowed to draft legal contracts. Instead, they have obtained an exception from the Legislature allowing... View More
My mother told me that I will will be receiving a parcel land and some cash and the Will
was dated also in 2015
answered on Jun 19, 2019
If there was a Will, it should have been filed with the probate office at the Courthouse in the County in which your Mother resided when she died. If a probate action was opened, it should be listed online in the Wisconsin Circuit Court Access system. You can go to their website and search using... View More
My great aunt just passed (she lived and drafted her documents in Florida). her attorney is advising using probate rather than the trust. why do this? what's the point of doing a trust then?
answered on Jun 12, 2019
If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer... View More
answered on Jun 12, 2019
I agree with Attorney Greller, whoever is named as the Personal Representative of the Estate (if the owner died with a Will) or the Trustee of the Trust (if the home was held in a Trust) will have the authority to enter into contracts to sell the home. Ask the children for the Letters Testamentary... View More
answered on Jun 3, 2019
As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity,... View More
We would give the one son $75,000. Say when we die the one that has the cabin wants to sell. He would be pocketing $150,000. We realized the other son only got $75,000. This is not right though. So would we write up that the one son that got the cash would get another $37,500? Which would then be... View More
answered on May 28, 2019
It depends on what you are trying to accomplish. If I understand correctly you want to gift $75,000 in cash to one son today. Instead of cash, you plan to leave the other son your cabin at death. You could order an appraisal of the cabin now and figure out what it is worth. If it is worth exactly... View More
Can I change the locks on his garages while we try to get her out of the house?
answered on May 21, 2019
You should see if your father executed a Will before he died. If he had a Will, this document will state what was to happen to his assets and should name a Personal Representative in charge of the Estate. Your Father's house is now owned by his Estate, and unless his Will stated that his... View More
His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business... View More
answered on May 16, 2019
Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states... View More
Moms health starting to decline may need more assistant with care
answered on Apr 30, 2019
If your Mom is married to the person in question, the community spouse can remain in the home, while the other spouse (called the institutionalized spouse) applies for Medicaid. This would allow the community spouse to continue living in the house until their death, after which the State of... View More
answered on Apr 22, 2019
Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the... View More
I asked my aunts to buy us out or were selling our portion there making things difficult although we inherited it legally , 1 aunt is saying it's private property and that we can't sell our portion .
answered on Apr 22, 2019
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold... View More
an attorney many years ago? Last August, 2018, it was then revised, of which I did receive a copy (of that revised one).
answered on Apr 17, 2019
The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or... View More
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