If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor... View More

Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,... View More

You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... View More

The answer to this question may depend on whether you are the Agent for your Mom under a Financial Power of Attorney or the the Agent under a Health Care Power of Attorney document. The Health Care Power of Attorney document is designed to designate an agent to take care of someone's physical... View More

Hello, the recording fee for recording a Quit Claim Deed is $30 payable to the Register of Deeds in the County where the property is located. If this is a sale from the children to the parent, then a transfer tax by the State of Wisconsin will be assessed on the value of the real estate... View More

I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for... View More

I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do... View More

If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use... View More

It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed... View More

Yes, she could include an escalation clause if another offer comes in with a closing date that is sooner, meaning her offer would increase in purchase price, or her Offer to Purchase could offer to move her closing date up if another offer comes in with an earlier closing date before your... View More

Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will... View More

Yes, your Will will still be valid in the United States if you should pass away while living abroad. As long as you are a United States Citizen and maintain residency in one of the 50 States in the United States, then the laws of the state where you have established domicile should govern and your... View More

Under the new Wisconsin Real Estate Disclosure Form, effective date July 1, 2014, the seller of a home must disclose any repairs/updates made to the home without the required permits. So your Seller should disclose them to you in the real estate condition report. See Question E6, on page 4 of the... View More

If your question is whether the legal guardian can access the trust funds, it depends on whether the legal guardian is also the person named as trustee in the trust. If they are named as trustee then they will have the power to access and manage the trust funds for the benefit of the trust... View More

There are many reasons to use an irrevocable trust, but here are two quick ones. One, an irrevocable trust can be used to remove assets from your taxable estate, so if you have an estate that exceeds the current estate tax exemption levels ($11.18 million per person) you may want to use an... View More

Examine your contract carefully to see if there are contingencies written into the contract which would allow you to legally back out of the contract. Have you talked to your real estate agent, or the seller about your desire to void the transaction? If you used the standard Offer to Purchase in... View More

If the tenant has not vacated by the time you become the owner and take possession of the property, then you would have to ask the tenant to leave or begin eviction proceedings. Check your Offer to Purchase to see if you agreed with the Seller that they would remove the tenant by the date of... View More

I am not sure I understand your question. Are you referring to the Transfer by Affidavit used for probate estates worth $50,000 or less in Wisconsin? If so, the person who completes this Affidavit is swearing to collect the property and assume a duty to transfer the property according to the... View More

I agree with Attorney Ruffi that the Seller would be required to complete a Real Estate Condition report and that the Real Estate Condition Report in Wisconsin does not currently include a specific question about trees on the property. Unfortunately in some situations, the old adage of "buyer... View More

It is likely that the long term care insurance policy covers an assisted living facility, because assisted living facilities generally cost less than nursing homes. However, you should check the details of your policy to be sure. Each long term care insurance policy can be different and will be... View More