Legal Question in Real Estate Law in Wisconsin

Question on sale of property

Several years ago, my mother put the deed to her land in my name with a clause that she had a ''lifetime lease'' to reside there. She pays the taxes and upkeep for the property. She now feels she is no longer able to maintain the property and wants to sell it. I am unable to pay for maintenance on a property that I do not live on and pay for my own dwelling. I offered to move there to help out, but she does not want to live with anyone. She found someone to sell to that will maintain the property and let her rent the house until her death. Therefore, she would not be responsible for taxes, repairs, etc. Is this a good idea? I am unsure of the situation. I am unsure of my position in the matter also since she has the lifetime lease clause in the deed. Any advice would be helpful. Thanks.


Asked on 5/13/05, 11:22 am

1 Answer from Attorneys
Paul Piaskoski

Re: Question on sale of property

It sounds like what you gave your mother was a life estate in that she transferred the property to you, but she has the right to reside in the property for the rest of her life. Unfortunately, she has transferred the ownership of the property to you, so she can't "sell" the property. You could sell the property and insure that you mother still has the life estate with the property. Obviously, when you sell the property you will also have tax issues to address.

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Answered on 5/13/05, 3:01 pm


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