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How does one get a deed into one name when the original owners are deceased and two of the heirs are deceased?

Green Bay, WI |

Deed is in my great uncle and aunt's names. Uncle died, left it to aunt. Aunt willed it to three parties ( two neices and my parents). Parents and one of the neices are deceased. We want to sell the property and need the deed in one person's name. What is the paperwork that need to be done and by whom?

Attorney Answers 4


  1. You have a number of issues here and they probably involve several different estates. Basically you need to trace the respective estates of each person who had an interest in the property based either on the wills of each person or the laws of intestacy of each person's estate. It may or may not be proper to have the deed end up in "one person's name." You definitely need an attorney to go through the facts in detail because this is too complicated to figure out on the internet forums.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. The best way may be for the surviving niece to bring a quiet-title action, but you most definitely need a lawyer. Do not try this d.i.y. You do not want get the chain of title on this property all screwed up. Find a lawyer in GB who does probate and real estate work.


  3. What should have been done was a termination of joint tenancy by the Aunt and a probate of your Aunt's will. That can still be done, but a quiet title action may be quicker and less expensive.

    This is not simple. It is not something for a do it yourself fix; it is not even something for a new attorney. I would recommend William Wolske in Kewaunee as someone to consult.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm


  4. As mentioned by others, you have several issues to consider. You should take the deed, Death Certificates for great uncle, great aunt, your parents and the niece, along with Wills if you have them to a real estate or estate planning attorney to figure out the best course of action. The deciding factor will likely involve how the conveyances were created (i.e. joint tenancy, tenants in common, etc.). You definitely do NOT want to attempt this on your own because it may likely result in an even bigger and more expensive fix. Good luck.

    This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further, no attorney client relationship is or has been formed by answering this question.

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