Legal Question in Wills and Trusts in Wisconsin
What forms or form does my sister and I need to file to have our names added to the property tile to our mothers home?
1 Answer from Attorneys
You would generally need to have a deed from all titled owners to those who are to be named on title, including those who are already on title. This deed will have to say how ownership is to be held, such as "joint," "tenants-in-common," etc. A title search may be needed to determine the current ownership and exactly how their names appear on title. If there is a mortgage, the lender's consent may be needed, since any transfer may trigger the "due on transfer" clause in the mortgage. If you mom is in a position that she may end up on some sort of benefits, an expert attorney should be consulted to assure she does not disqualify herself by such transfer. There may be other issues to consider, as well. It would help to know the reason why such transfer is contemplated.