Legal Question in Real Estate Law in Wisconsin

My mother recently passed away in the state of Wisconsin. I am the personal representative of her will as well as the heir. I need to change the deed of her house to my name. Currently, the property is listed in her name and my father's name. My father passed away 12 years ago. I need to know what forms and/or paperwork I need to get the deed changed. All the deed department will tell me is get a lawyer. I do not live in the area any longer and no lawyer will just answer the question over the phone they want me to meet with them.


Asked on 3/14/14, 12:12 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Your question is not as simple as it may seem. I presume your father was still married to your mother when he died. How the property then goes from him to your mother, presuming that is what happened, will determine if he had a will ( or trust) or if the property was held in some fashion where it transferred to her by means of "survivorship" or to beneficiaries of a "Transfer on Death Deed." Each of these requires different paperwork and different processes.

Then, the same kind of thing needs to be done to get it from your mother to her heirs. Same questions: did she have a will (or trust)? How was it titled to her?

These are not simple things to answer, and the advice you have been given so far appears to be good advice: get a lawyer. You don't have to be here, but you do need to get a lawyer somewhere in Wisconsin to help you.

If you want to contact our firm, you may feel free to call me and either me or one of my partners or associates can help you. No client relationship is started until we have an agreed upon payment arrangement. You can reach me at Schober Schober & Mitchell, S.C. 262-569-8300.

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Answered on 3/14/14, 12:37 pm


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