Real Estate Titling
Real Estate Titling in Green Bay, WI
Czachor, Polack + Borchardt, L.L.P. is a law firm that protects property, valuables, and assets through strategic real estate titling in Green Bay, WI, and surrounding areas. Our specialties include joint tenancy, life estates, and transfer of death deeds (TODDs). Our goal is to shield you, your loved ones, and your beneficiaries from hassling and harmful outside threats like probate and creditors. Our lawyers will help you maintain the quality and integrity of your property and keep it safe.
What to Know about Joint Tenancy
When people buy or own a property together, they can choose joint tenancy. This means that each owner has equal rights and responsibilities for the property. An essential part of joint tenancy is called the right of survivorship. After a co-owner’s death, their share of the property immediately goes to the other owner or owners. The property doesn’t become part of the deceased person’s will or need to go through the court process that usually happens when someone dies. Joint tenants can be married or unmarried.
- Avoids Probate: Property directly passes to the surviving owner without going through the probate process, saving time and money.
- Easy Transfer: Ownership automatically moves to the surviving owners, so there’s no need for legal actions or lots of paperwork.
- Equal Rights: Every owner has the equal say in how the property is used and taken care of.
What Is a Life Estate?
A life estate is a legal arrangement allowing someone to own or use a property for their lifetime, established through a deed or will. The life tenant can live in and use the property until they die. Then, it automatically goes to a predetermined recipient, known as the remainderman. The benefits include:
- Security for the Life Tenant: Guarantees the life tenant’s right to stay in the home or use the property for life.
- Estate Planning and Asset Protection: Facilitates property transfer to heirs, possibly cutting down on estate taxes.
- Control Over Future Ownership: Allows the grantor to decide who gets the property later, preventing disputes.
What Is a Transfer of Death Deed (TODD)?
A transfer on death deed (TODD), also known as a beneficiary deed, is a legal document allowing property owners to designate one or more beneficiaries who will inherit their property upon their death without needing the property to go through probate. It is different than a will, revocable trust, or irrevocable trust. It helps transferring real estate to a trust much easier and less time-consuming because it can avoid legal proceedings. This estate planning tool is recognized in many states within the United States but is not available in all jurisdictions, so it’s important to check local laws. Here are its benefits:
- Simplicity and Cost-Effectiveness: Making a TODD is often easier and cheaper than creating a living trust.
- Flexibility and Control: The person who creates it keeps control of their property and can change it if needed.
- Avoids Probate: It lets property go directly to the chosen beneficiary when the creator dies, skipping the probate process and saving time and money.
- Clear Direction: TODD clearly states who gets the property, helping to avoid any disputes.