The person living on the land has destroyed my house that is located in front. What can I do?
You will have to hire a competent WI attorney to search the title, get the title in your name of record, then sue the occupant for Ejectment, Trespass and Damages.
My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... Read more »
Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of... Read more »
Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »
Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »
Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.
Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?
We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »
I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that... Read more »
has debt. Can creditors come after his portion of house?
If the creditor's lien or mortgage was recorded prior to the joint tenant's death, the property will pass subject to the lien. There is a Termination of Decedent's Interest Form you can file with the Register of Deeds to remove the joint tenant's name from the title to the... Read more »
All heirs have signed a disclaimer of abandonment. As trustee, can I still sell the land?
The Trust is probably Irrevocable now. Hire a competent attorney to search the Title. As Trustee you may or may not be able to sell the land as the fiduciary. At worst, all interested Parties, Trustee and Beneficiaries, can convey as grantors unless there is a future interest estate created by... Read more »
My husband and I were given land (paperwork was signed by both parties for the ownership transfer). The prior owner is upset about something and thinks he can call the county and just take the land back. This land had been in our name for years now and is also included in the assessment of our... Read more »
If the land was legally transferred by deed, and your name is now on the title to the property, the previous owner cannot take it back unless you sign a deed granting the land back to them either by gift or by sale. The only other way I can think of for the previous owner to get the property back... Read more »
After closing on a home, the county contacted me saying the property lines for the home I just bought are incorrect. After speaking with the county, the title company contacted the county about this issue. However, the title never notified myself or the seller about this issue prior to closing.
I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue... Read more »
The amount is intended to be a gift. Would he need to pay taxes on the amount over $15,000 or could this be claimed under the lifetime exemption? If it’s taxable, would agreeing to repay the amount upon sale of the property turn it from a gift to a loan?
Currently you can gift up to $15,000 per person per year, without filing a federal gift tax return. Therefore, your proposed gift of $40,000 from your brother would be over this amount. He could gift you $15,000 this year and $15,000 in 2021 without filing a gift tax return, or if he is married, he... Read more »
Dad had no will and I have been living there and paying taxes that come in his name in care of me. My brothers and I split everything and i got the house but never got the deed changed and now i am older and need to get it in my name.
Hello, I think you are going to need to work with a probate attorney, to get the house transferred from your Father's name to your name. If there was a probate when he died, the deed to the house should have been changed at that time. If you inherited the house via deed, there may be a way to... Read more »
I'm looking to provide 28 day notice so I can move in and owner occupy.
Nothing keeps you from communicating with them whenever you want. You can't give them notice until you actually own the place though.
The process
If you are buying a property on a land contract, I recommend you have it prepared or reviewed by your own attorney before entering into such a contract. Often these types of contracts can favor the drafter (the person preparing the contract) so if you are considering entering such a contract it is... Read more »
I purchased a home before I meet my husband. The deed and loan are in my name only. I would like for things to just go to him so he has a home with our children.
There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and... Read more »
The property next to me is bordered on the east side by a public waterway on county land. They currently access their land from the west through a gravel lane on my property. The old easement recently expired and I was wondering if I have to renew it.
In general, if an easement has expired, there is nothing requiring you to grant a new easement to an adjoining landowner. The Wisconsin Supreme Court has held that Wis. Stat. 893.33(6) requires property owners to re-record their easement within 40 years of the original grant, or risk losing the... Read more »
My son was planning on buying a house but was furloughed due to COVID 19 and isn’t able to get financing. My husband and I are going to purchase the house but our son will make all of the payments. We will eventually transfer the house to him. What is the best way to purchase at this time?... Read more »
If you plan to purchase the home and put your name on the mortgage, I would strongly advise you to purchase the home in your own name. It is not a good idea to purchase property and title it in another person's name, as you will be held responsible for the mortgage if the other person quits... Read more »
and the sellers realtor would not respond nor give us a chance to counter offer. This was after the houses listing price was dropped by $25,000. We came to find out that the realtor bought the house for $2,000 more than our offer. Is this legal?
If it was your realtor who bought the house that would be a violation of their agency duty to you.
If it was the listing agent who bought the property, then that agent may have violated their duty to the seller by not exploring whether you would have been willing to pay more for the property.
I'm thinking of putting an offer on a home, but the seller has notified my agent that they will need to rent back the property after closing for 30 days. Is there a standard rent-back form for this situation in Wisconsin or does it require the signing of a short term lease?
The Wisconsin Realtors Association has a standard form - Addendum O (Occupancy Agreement) . There are a number of variables on that form that affect your rights and risks. You should ask your agent to discuss that form with you. Please note that the form does not address insurance issues -... Read more »
The deed to our family cabin In Wisconsin lists my mom and her deceased brother as tenants in common. He passed away 9 years ago without a will. How do we get his name off the deed?
You will need to file a Termination of Decedent's Interest with the Register of Deeds for the county in which the property is located.
You may access the form and instructions at the WI Register of Deeds Association website on their forms page which is located at... Read more »
We both want our children, not the surviving owner, to inherit our shares. We both (my cousin and I) live in the state of WI and the property is in MI. Does the inheritence info go into our deed or each of our wills?
The answer to this question will depend on how title to the real estate is held with your cousin. If you hold it as joint tenants, then the survivor of either of you would inherit the deceased person's interest. However, I think it is more likely that you hold it as tenants in common because... Read more »
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