Legal Question in Real Estate Law in Wisconsin

I own a house with my mother as tenants in common. Is a transfer on death deed the best way to transfer the property to the survivor owner at death?


Asked on 9/26/16, 8:21 am

1 Answer from Attorneys

JAY Nixon nixon law offices

No, because a transfer upon death deed keeps the property titled in the name of the elderly parent until death. That, in turn, makes the property vulnerable to her creditors, such as Medicaid reimbursement, medical debts, tax debts, or any others, all of which are extremely common for older retired people who do not have much income and who are far more likely to experience major health issues as they near the end of their life. Transferring it to the child immediately, however, may avoid such claims against the house, as will a transfer which reserves a life estate for your mother, which transfer is not deemed to be completed until death (providing you with all the capitol gains tax benefits of inheriting the property). You should therefore set up a visit with an experienced estate planning lawyer as soon as possible.

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Answered on 10/01/16, 4:02 am


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