Show All Answers
Bristol (262) 857-1845
To remove the name of the deceased spouse you will need to complete a document called a Termination of Decedents Property Interest (pdf). Directions for completing this form are provided. You will need a copy of the document that shows joint tenancy, life estate, survivorship marital property, vendor's interest, or mortgagee's interest and a certified copy of the death certificate. The recording fee is $30.00. You can purchase a certified copy of the death certificate at the Register of Deeds office, the cost is $20.00 for one copy and $3.00 for each additional copy. /DocumentCenter/View/171
This question is more complex then it seems at first. In its simplest form, you are not required to take any action. When you sell the property at some point in the future, simply indicate on the deed, for example "Mary Smith, nka (now known as) Mary Jones hereby grants, etc." However, there are many other details that affect the answer to this question. The most important of which is Wisconsin's Marital Property law. This law assumes that property used by a couple during the course of a marriage is jointly owned unless specified otherwise. If you wish to remain the sole owner of the property and do not intend to convey any interest in the property to your spouse, steps must be taken prior to and during the marriage to assure that this occurs. If, however, you intend for your spouse to share in the ownership of the property, there are a number of ways a married couple can hold title to property and each one has distinct legal implications. Depending on your financial status, age and other factors, a trust might even be advisable. As you can see, it is best to seek the help of an attorney to draft a deed that will accomplish your goals.
Tenancy in Common - A form of ownership whereby each owner holds an undivided interest in property. The interests need not be equal, and, in the event of the death of one of the owners, no right of survivorship in the other owners exists.
In most cases your deed should have a complete legal description, however the Register of Deeds office cannot verify that the information on your deed is correct. A copy of your deed may be purchased at the Register of Deeds Office. The cost for a 1 page document is $2.00 with each additional page costing $1.00.
While this seems simple enough, it can be complicated by two factors. If your property consists of a number of small parcels that have been combined over time, a simple concise legal description may not exist. The opposite can also be a problem. Your property may have previously been a large parcel from which smaller parcels were sold off. In both of these cases, several documents and some interpretation may be required to construct an accurate legal description.
If the history of your parcel fits into either of the above descriptions, you should contact a registered land surveyor for professional assistance in writing an accurate, updated legal description.
According to a member of the Probate and Real Property Section of the Wisconsin State Bar Association that was conferred with, the answer is "NO". The trust remains in effect. However, it is prudent to review the trust with your attorney periodically to determine if modifications to the trust would be advisable.
Probate is a court-supervised procedure for transferring ownership of someone's solely owned assets after he or she dies. The following brochure provides more information on Probate.