Legal Question in Wills and Trusts in Wisconsin

wills

regarding a will. It reads. My son has the option to purchase my interest in our duplex, in which i(mother) have invested at (address), at a fair market value of my portion of the improvments on said parcel(address) If I have such ownership at the time of my death. This shall not include the value of the land which was paid for in whole by my son at the time when the duplex was built. My son shall give notice to personal representative within 60 days of my death of his intention to exercise this option if he chooses.

However, the sons name is on the title to the whole duplex. This was done so that if she ever went into a nursing home the state would not take ownership. Fair market value was 80,000 for her portion. Is the son obligated to divide the 80,000 up with his siblings or does he have the legal right to keep the duplex to himself? My Mother did pay for all improvements on her half of the duplex and also paif all property tax'x there for the past 18 years.


Asked on 4/14/09, 4:10 pm

1 Answer from Attorneys
Thomas Olson David F. Gram & Associates, LLC

Re: wills

As you describe it, the house may already belong to the son with no strings attached. Maybe he has a "moral obligation" to share this gift/inheritance. But moral obligations are not enforceable under the law. Or maybe there is a contract of some kind (unlikely). Or maybe the son took advantage of his mother. You need to see an attorney at once to review exactly what the will says and exactly how the title to the real estate is stated and then possibly to discuss this with your mother to see if it was done appropriately.

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Answered on 4/14/09, 4:36 pm


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