Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.
if one of us dies, does the property have to go through probate court?
A:
Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.
Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.
A:
Wisconsin is a 'community property' state so it would be best if you got advice from a Wisconsin lawyer to be sure of ALL the ramifications, however, in MOST states owning as 'husband and wife' implies a survivorship interest that does not require probate.
There ARE other issues that arise in community property states though so you should get that local legal opinion!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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