– from Kathryn K. in Oak Creek, WI

Question Details:

My husband and I went through a divorce two years ago. My husband owned a piece of land with our grandson. During the divorce, my husband received his interest in the land but there was a lien on the land as a way of securing payment he owed me from the property division. My husband just recently passed away, I would like to foreclose the land, however my grandson says he is now the owner and wants to intervene. What should I do?

Family Law Attorney Response:

Thank you for your question. To give you a brief answer, just because you someone passes away, does not mean a lien is lost.

In the case of Wozniak v. Wozniak 121 Wis.2d 330, 359 N.W.2d 147 (1984), the trial court faced a similar situation. The trial court decided to set a precedent for future cases that courts will complete a transfer of a lien if it is clear that a trial court judge intended on giving one party a security interest in specific property to secure the payment. Even though your husband passed away, you should still be paid.

Give me a call so we can see what your best option is going forward.

Dan Exner, J.D.

Family Law Attorney

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