[WI] Should I use a warranty deed or transfer on death deed?
Is a warranty deed or transfer on death deed preferable? The property owner is in hospice. He gave POA and everything to my mom, but he progressed faster than expected, and my mom procrastinated. He has no family, no children, and no spouse. His brother passed away over 15 years ago. He told my mom to take the house, but she never finalized it, and now he’s incapacitated. We want to transfer the house, but we're trying to find the best way to do so. Also, there’s no will in place.
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Your mother needs to hire an estate planning attorney to complete the transfer. She shouldn’t do this on her own — she could face liability (Wis. Stat. § 244.41). She could be sued for improper transfer. As an attorney, I must tell you that.
As for which deed is better, generally, a transfer on death deed is preferred, especially with no will and the principal being incapacitated. But it’s hard to say definitively in this case. Please let me know if you have any more questions or need help in the meantime.
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Is a warranty deed or transfer on death deed better to go through with a POA?
Lexi, Chatbot
I understand you're looking for guidance on using a warranty deed or TODD with a POA. Have you already consulted with a real estate attorney?
No.
Lexi, Chatbot
Are you looking to transfer the property now or planning for the future?
Now.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
The principal person is on hospice.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica, and I am a licensed attorney who will be assisting you. Just to clarify: is the goal of the current owner to have ownership transferred to a beneficiary upon death without probate?
The property owner is in hospice. He gave POA and everything to my mom, but he progressed faster than expected, and my mom procrastinated. He has no family, no children, no spouse. His brother passed away over 15 years ago. He told my mom to take the house, but she never finalized it, and now he’s incapacitated. We want to transfer the house but are trying to find the best way. Also, there’s no will in place.
Jessica B
Is he currently receiving Medicaid?
Medicare. We’re in Wisconsin, in case you need to know.
Jessica B
Okay, and there’s no spouse or children. Who is the next living heir?
There isn’t one, as far as we know. His brother was never married or had kids either. Both parents are deceased, and he was an only child.
Jessica B
Okay, and no will?
No. Just a POA that includes real estate.
Jessica B
The POA cannot transfer ownership to themselves — that’s considered self-dealing.
She would be transferring it to me because of that.
Jessica B
Are you a blood relative?
To the person who is incapacitated, no. He's our neighbor. But to the POA, yes.
Jessica B
Since there’s no will and he’s no longer competent, what written proof is there of his intent?
It’s in the POA paperwork he filled out. He told her what he wanted.
Jessica B
Was he represented by an attorney?
It’s notarized. Hospice care helped with that when he was still alert.
Jessica B
Your mother needs to hire an estate planning attorney to complete the transfer. She shouldn’t do this on her own — she could face liability (Wis. Stat. § 244.41). She could be sued for improper transfer. As an attorney, I must tell you that.
As for which deed is better, generally, a transfer on death deed is preferred, especially with no will and the principal being incapacitated. But it’s hard to say definitively in this case. Please let me know if you have any more questions or need help in the meantime.
Oh yes, one more. Is a title needed after the transfer on death deed, or is that it until he passes?
Jessica B
The deed is the title to the asset. Thanks for using AskaLawyer.
Jessica B
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