Q: My Brother and I inherited my parent's cottage in Northern Wisconsin via an irrevocable trust.
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.
A: The trust will determine what happens once your parents passed. You should contact an attorney to help you liquidate the trust, if that is what the document requires.
Thomas B. Burton agrees with this answer
A: 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 trust to your individual names. The terms of the trust document will also dictate if this is possible. I recommend you sit down with a qualified attorney who can examine the trust and advise you as to your options. Furthermore, depending on the terms of the trust, you may be able to keep the property in the trust to provide assets protection for you and your brother. If this is an option, I would discuss it with your attorney before you proceed.
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