Oak Forest, IL asked in Real Estate Law for Wisconsin

Q: my brothers inherited our family farm the property was never split,my brother left his half to me how do i claim it

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

A: The answer to this question depends on whether your brother left you his half through his Will, or through a trust, or by deed. Depending on which instrument he used, you will need to examine the instrument itself. If he left it through a Will, it is likely a probate action will be needed in Wisconsin to get the property into your name. If it was left through a trust, no probate may be needed. If he left you the property via a Transfer on Death deed, there will need to be some paperwork filed with the Register of Deeds, but likely no probate. I suggest you talk with a qualified estate planning and probate attorney who can examine the documents and guide you on the next steps forward. Best of luck!

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