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Cons To Using Beneficiary Deed Estate taxes. Property transferred may be taxed. No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits. Medicaid eligibility. ... No automatic transfer. ... Incapacity not addressed. ... Problems with beneficiaries.
On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest.
A life tenant does not have complete control over the property because they do not own the whole bundle of rights. The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree.
You must sign the TOD designation and get your signature notarized, and then record (file) the designation with the county register of deeds before your death. Otherwise, it won't be valid. You can make a Wisconsin designation of transfer on death beneficiary with WillMaker.
However, Lady Bird deeds are not recognized in Wisconsin. Nonetheless, similar outcomes can often be achieved through the use of a revocable living trust or a TOD deed, as previously discussed.
Use this form to leave your Wisconsin real estate without probate. You retain ownership, responsibility, and control over the property during your life. After your death, ownership transfers to the beneficiary you name.
The ?Revocable Transfer on Death Deed,? also called ?TOD Deed? or ?beneficiary deed,? is a simple way to leave a residence to your beneficiaries without the need for probate.