Since you asked the question under the heading of real estate law, I presume that the "title" is a deed conveying an interest in a parcel of real estate. Lawyers are not required to keep files indefinitely. The best practice for lawyers is to set forth their file retention policy in...Read more »
From my standpoint, the first question to ask is how long the fence that the neighbor removed was on the property line. The second step is to have a survey completed to determine the actual property lines. If the fence was maintained for more than 20 consecutive years, you may have a claim of...Read 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.
Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... Read more »
Based upon the question, I presume that mother never gave up her parental rights. Therefore, if he had no spouse, no children and no Will, that is generally how it works under Wisconsin's intestacy statutes.
In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.
Yes, you can transfer your half ownership in the house either with a Quit Claim Deed or a Warranty Deed. There will be a transfer fee ($3.00 per $1,000 of value) to be paid, along with the recording fee.
Yes. If they are a month-to-month tenant, §704.17, Wis. Stats., allows you to give either a 5-day or 14-day notice for failure to rent. If they are under a lease for one year or less, §704.17(2), Wis. Stats., allows you to give them a 5-day notice to pay or vacate. No prohibition against...Read more »
My father died in March due to an auto accident. My mother died in September due to another auto accident. My mother had received the will revision but didn't sign it before her passing. The home had been in both parents name and both had their own wills, which were identical. Why are we... Read more »
The law in Wisconsin requires a probate to be opened in a person's estate is worth more than $50,000.00. Based on your facts, your mother owned a home when she died and had assets totaling $85,000 that need to be distributed. The only way to distribute those assets (regardless if her Will...Read more »
We just purchased a home in February (Wisconsin) on a wooded lot. As spring and summer has brought the outdoors back to life, we have come to the disheartening realization that two giant oak trees are dead. These trees are set in to our patio and are located about 15 feet from our house. These... Read more »
The seller was required to complete a Real Estate Condition Report, which covers many areas of the structure and property conditions. However, the health of trees and vegetation on the property are not included in the representations. Therefore, the sellers likely had no obligation to disclose...Read more »
I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... Read more »
Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of...Read more »
I started renting with Company A and after 2 years they were bought out by Company B. Surprisingly, the buy out was on the month that our lease was up. Company A had told us that everything would be settled and we would be put on a month to month with Company B but would have to sign a lease with... Read more »
In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.
My former roommate paid for a garage in the Condo Development we lived in. I own the Condo so had to put the Garage Deed in my name due to Condo bylaws. Roommate has moved out and wants the money if the garage is sold. Is that garage legally mine no matter who paid for it? Would he have any... Read more »
The Statute of Frauds requires that any agreement pertaining to an interest in real estate must be in writing to be enforceable. If the title to the garage is in your name, that means that you likely own it. The most pertinent question is what type of agreement was there when the garage was built...Read more »
we have closing date set for May 1st 2018 and the seller is now saying that he will not be signing paperwork until June 15th and will not be moving out until at least june 15th. he has had over 3 months to find a new place and pack. we have contract signed, sets date for signing at bank and the... Read more »
It depends on the closing date set in the Offer to Purchase. If the closing date in the accepted Offer to Purchase is May 1, 2018 and the Seller refuses to close, you can pursue your options based upon the Seller's default under the terms of the Offer to Purchase.
They need help around the land and want their grandkids to love closer, so we are considering moving to the other home. Homes are about 100 feet from each other and were built at the same time. One was built as a mother in law home. We just want to be sure that this is legal.
Your parents have the right to allow anyone they wish to live in the other home. If you do move into the other home, you may want to have a written agreement with your parents outlining the expectations of your occupancy to avoid problems in the future.
I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?
The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.
Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian)...Read more »
On 1/31/18 my mother signed a lease for an apartment that begins on 4/1/18. She has since decided to move in to an assisted senior residence, though it is not out of medical necessity. Is there any way to terminate the lease prior to 4/1/18 without penalty? They are trying to say that she will be... Read more »
Assuming that your mother is competent to sign the lease, she likely has an enforceable contract. However, the landlord has a duty to mitigate its damages, which means that the landlord is responsible to use reasonable efforts to find a new tenant.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.