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Wisconsin Statutes 705.15 - Nonprobate transfer of real property on death

Wisconsin Statutes > Chapter 705 > Subchapter II > 705.15


Current as of: 2013

   (1)   An interest in real property that is solely owned, owned by spouses as survivorship marital property, or owned by 2 or more persons as joint tenants may be transferred without probate to a designated TOD beneficiary as provided in this section on the death of the sole owner or the last to die of the multiple owners.

   (2)   A TOD beneficiary may be designated on a deed that evidences ownership of the property interest in the owner or owners by including the words "transfer on death" or "pay on death," or the abbreviation "TOD" or "POD," after the name of the owner or owners of the property and before the name of the beneficiary or beneficiaries. The designation may be included on the original deed that passes the property interest to the owner or owners or may be made at a later time by the sole owner or all then surviving owners by executing and recording another deed that designates a TOD beneficiary. A TOD beneficiary designation is not effective unless the deed on which the designation is made is recorded.

   (3)   The designation of a TOD beneficiary on a deed does not affect ownership of the property until the owner's death. The designation may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary, by executing and recording another deed that designates a different beneficiary or no beneficiary. The recording of a deed that designates a TOD beneficiary or no beneficiary revokes any designation made in a previously recorded deed relating to the same property interest.

   (4)   On the death of the sole owner or the last to die of multiple owners, ownership of the interest in the real property passes, subject to any lien or other encumbrance, to the designated TOD beneficiary or beneficiaries who survive all owners and to any predeceased beneficiary's issue who would take under s. 854.06 (3). If no beneficiary or predeceased beneficiary's issue who would take under s. 854.06 (3) survives the death of all owners, the interest in the real property passes to the estate of the deceased sole owner or the estate of the last to die of the multiple owners.

   (5)   A TOD beneficiary's interest in the property on the death of the sole owner or the last to die of multiple owners may be confirmed as provided in s. 863.27, 865.201, or 867.046.

   (6)   Chapter 854 applies to transfers on death under this section.

Wisconsin Statutes 705.10 - Nonprobate transfers on deathSubchapter II Table of Contentsnext section

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Questions & Answers: Property

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Wisconsin Statutes > Property
Comments (3)add comment
Karen Rohde: ...
I am my father's activated POA. My brother and I are listed as beneficiaries on my father's home. To avoid probate we have been told to fill out a TOD form. Can this be done legally by me signing the TOD as his POA. Do I need an attorney to do this?
1

January 12, 2012
Steven Daily: ...
The Power of Attorney document should spell out exactly what powers you have and therefore answer this question. In particular, does the Power of Attorney state that you are allowed to make gifts? Does it state that you are allowed to enter into transactions that benefit you? If the answers to both questions are yes, then you should be able to sign a transfer-on-death deed under Wisconsin law, but you should consult with a Wisconsin estate planning attorney.
2

January 12, 2012
Steven Daily: ...
Of course, also make sure the POA document states that you can transfer real estate.
3

January 12, 2012

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