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Wisconsin Real Estate Law Questions & Answers
0 Answers | Asked in Probate and Real Estate Law for Wisconsin on
Q: Father passed, TOD deed with 4 children, one wants home, others want buyout. What now?

My father passed away, and his name was on the deed of a home with a transfer on death (TOD) naming his four children as beneficiaries. There is no mortgage on the home, and he did not have a will. The TOD was properly filed. One beneficiary wants to continue living in the home, while the other... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Wisconsin on
Q: Co-owner wants to sell half of house, other party refuses. What are legal options?

I am a co-owner of a house as joint tenants, and there is no mortgage. I want to sell my half of the house, but the other party refuses to either sell the property or buy me out. We have been co-owners for 24 years without any written agreements or prior discussions about selling. There are no... View More

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: How do I claim my rightful 25% inheritance from a transfer on death deed in Wisconsin?

In 2009, my father changed the deed on his home to transfer on death to his four children, including me, my sister, and two other siblings, with us specifically named. My father passed away in December 2024, and the transfer on death was formally recorded and notarized. My sister has lived in the... View More

Anthony M. Avery
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answered on Feb 24, 2025

Hire a WI lawyer to file suit for partition.

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Wisconsin on
Q: Cannot access property in rental storage unit as door is frozen or broken, landlord refuses to help.

I cannot access my property in my rental storage unit because the garage door is frozen or broken. I contacted the landlord, but they refused to help. I've been unable to access my property for one week. I believe the issue is due to the door being frozen. The entire parking lot of the storage... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a Quiet Title Action, in WI, should you try mailing a quit claim deed before the defendant has given a response?
Anthony M. Avery
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answered on Feb 11, 2025

I assume you are trying to settle the case. If so, you could write a letter to the defendant about what you are trying to do, and that execution and delivery of a proper quit claim deed will resolve the legal issues as to that defendant/grantor. You may wish to voluntarily dismiss the case as... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a WI quiet title , if you sent Complaint and it's been served by Sheriff's Office but forgot summons, what do you do?

Is it necessary to send it?

Anthony M. Avery
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answered on Feb 11, 2025

Unless the Complaint and Summons was served on the defendant, no service occurred. You will need to pay for another Complaint and Summons to be served on that defendant, who is now aware of the suit and will probably avoid service.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Wisconsin on
Q: How can i sue the co-borrower and get my half of my marital property ?

My husband (borrower) and his younger brother (co- borrower) own a property since october 2016. My husband marry me in december 2019. In september 2023 the co-borrower quit his job because of a personal argument with the borrower. Mortgage is paid through the co-borrower's bank account. The... View More

Anthony M. Avery
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answered on Dec 10, 2024

Hire an attorney to file a partition action.

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Do I have legal options for remedying an issue with a smoking neighbor in a non-smoking multi-tenant residential unit?

I live in a residential + commercial zoned, multi-tenant building designated as non-smoking by the building owner, and have a neighbor who I've good reason to believe is smoking in the neighboring apartment. It stinks up my apartment during the late hours and irritates my lungs while I believe... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal and the impact it has had on your health. While some questions go unanswered, you could try reposting and including "Landlord-Tenant" as a category. Attorneys who practice... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: when 4 sibling equally own a property what happens when kids come along with varying number in each family?
Anthony M. Avery
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answered on Jul 23, 2024

Not sure of your question. But if a tenant in common dies then his issue take his share by representation. It is just a standard heirship determination.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If 3 people own a property equally and two want to sell it. Does it have to be sold? Or do you all have to agree?

Property inherited by siblings in equal portion. One, or possibly two want to sell. The third absolutely does not. Does the majority rule? Would the third have to buy out the other two at market value to keep it? The Property is in northern Wisconsin. It was a family vacation home that was left to... View More

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answered on Apr 15, 2024

Any TIC can file suit for a Partition Sale. Hire a WI attorney to force a sale.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My sister has poa she sold my parents property. So she didn't have to bother with it when she got old

My mom is an invalid, she also conned her into signing papers. My mom's brain has healed. Dhe is in nursing home against her will sldo

Anthony M. Avery
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answered on Dec 5, 2023

Mother needs to revoke the power of attorney and hire an WI attorney to sue sister. Attorney In Fact has fiduciary duties to her Principal. Any transfers to herself are presumptively fraudulent. Unless you are Mother's Conservator/Guardian, you have no standing.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I'd like to add my wife to the deed on my home in Wisconsin. Do I just file a notarized Quit Claim and get it recorded?

The mortgage is paid.

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answered on Nov 28, 2023

If you did that, she would own the fee. Hire an WI attorney to consult about what estate to convey to her. Then execute and record the Deed.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a judgement lien still be place on my home after the ten years are up?
T. Augustus Claus
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answered on Oct 16, 2023

No, a judgment lien cannot still be placed on your home after the ten years are up in Wisconsin. Under Wisconsin law, a judgment lien expires after ten years from the date it was entered. After ten years, the judgment creditor can no longer enforce the lien against your home. For personalized legal... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Re Mortgage satisfaction document: Is the book and page# necessary, or is the document # enough?
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answered on Oct 10, 2023

It is best to recite all recording information in the mortgage release. You definitely need to look at the recorded mortgage and use all recording information shown on the face of it.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can you evict a tenant with no lease on a verbal agreement

Yes verbally

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answered on Oct 4, 2023

Yes... Hire a WI attorney to file suit for possession.

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Is it illegal to offer a land contract at zero % interest in Wisconsin?
T. Augustus Claus
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answered on Aug 31, 2023

In Wisconsin, it is not inherently illegal to offer a land contract at zero percent interest. A land contract is a legitimate arrangement where the seller finances the sale of a property to the buyer. The interest rate and terms of a land contract are typically negotiable between the parties... View More

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