Legal Question in Real Estate Law in Wisconsin

I would like to donate some land to the wi land trust. 1. Does this mean I will have access to it until my death? 2. does this mean they will pay the property taxes once the land is in their name? Would I be able to spread the tax deduction over a period of years?


Asked on 2/11/14, 8:58 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Usually charitable organizations are quite flexible when it comes to receiving gifts from donors. Since such organizations are designed to outlive their benefactors, they will usually be willing to accept a gift, with the donor retaining a "life estate." In this fashion, they generally get what they ultimately want, and the donor gets to keep using the property. There are some issues relating to the payment of the taxes, and even that can usually be negotiated with the receiving party. However, there may be some income tax issues related to such an arrangement, since the property may be exempt when it finally is fully owned by the charity, but not until then. Payment by the charity of the taxes may create income to you. That is a complex question that may require some research. You could also give only a percentage interest each year, resulting in a gift over a number of years, so long as the charity is willing to do so. Ultimately, this would probably be done by way of an agreement between both parties.

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Answered on 2/11/14, 4:37 pm


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