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How does one get a land deed out of deceased's name when estate wills to three parties, two of whom are deceased?

Eagle River, WI |

Deed in John Smith's name. John Smith wills land to three parties. Of the three parties, two are deceased. Is the remaining party the sole heir or does the heirs of the other two parties entitled to proceeds from a possible sale?

Attorney Answers 3


  1. If there is a will it depends on what the will says about deceased beneficiaries. Look for the language "or their issue, per stirpes." if that is there it is a good indication that the children of the deceased beneficiary "step into" their parent's shoes. You should have this reviewed by an attorney.

    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. I agree with the prior answer. The Will should state who inherits if the designated beneficiaries predecease the testator. An attorney should review the Will for you.

    Ms Smith is licensed to practice law in Texas and Arkansas. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  3. You definitely should consult with an attorney. The exact language of the will must be reviewed. Transfers at death have general rules found in Chapter 854 of the Wisconsin Statutes. This chapter can be obtained free on the web site of the Wisconsin Legislative Reference Bureau.

    Section 854.06 Predeceased transferee should be read. At Subsection (3), the legislature discusses a substitute gift to issue of a covered transferee. Subsection 4 discusses contrary intent of the decedent. In other words, did the decedent intend the transfer to lapse if a relative dies first?

    Your question should be fully answered when you supply all the relevant information
    to the consulting attorney.

    This information is designed to provide a general overview with regard to the subject matter covered and is not case specific. The authors, publisher and host are not providing legal, accounting, or specific advice to your situation.

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