Legal Question in Real Estate Law in Wisconsin

Do I need an attorney to fill out an affidavit of transfer? Can I download it fill it out have it notarized and be done? My brother is dead and the family wants to sell a piece of land that he is part owner of. He has no kids and no wife.


Asked on 2/25/17, 9:45 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

The transfer by affidavit form for small estates is a short document that is packed full of legal pitfalls for the unwary. For example, anyone benefiting from such a transfer agrees to be liable for the debts of the decedent up to the value of any assets transferred. This can include tax obligations, and the IRS sometimes makes up a proposed final return and assesses a liability if the decedent's tax affairs are not properly wound up. If you are expert in such matters, you might consider doing this without legal help, but this is not advisable if you lack legal or accounting expertise.

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Answered on 2/26/17, 4:45 pm


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