Superior, WI asked in Estate Planning for Wisconsin

Q: is a person listed on a affidavit responsible for anything when they sell everything and give all the money to her

brother life partner.ex taxes

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: 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 Wisconsin State Statutes. Below is the operative language:

By accepting the decedent’s property under this section, I assume a duty to apply the property transferred for the

payment of obligations according to priorities established under

§859.25, Wis. Stats., and to distribute any balance to those persons designated in the appropriate governing instrument, as defined in §854.01, Wis. Stats., or if there is no governing instrument, according to the rules of intestate succession under ch. 852, Wis. Stats.

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