How to Sell Wisconsin Land in a Trust?

Return to Blog

Get cash offer for your land today!

Ready for your next adventure? Fill in the contact form and get your cash offer.

Thank you! We got your info and will reach out with any questions ASAP.
Oops! Something went wrong while submitting the form.
How to Sell Wisconsin Land in a Trust?
By

Bart Waldon

When you think of Wisconsin, images of rolling farmland, pristine forests, and sparkling lakes likely come to mind. This diverse landscape isn't just beautiful – it's also a complex and ever-changing real estate market. As of 2022, the Badger State boasted 64,100 farms spread across 14.2 million acres, according to the USDA National Agricultural Statistics Service. That's a lot of land! Interestingly, the average farm size sits at about 222 acres, showcasing a mix of family operations and larger agricultural enterprises.

But here's the kicker – the total number of farms actually dropped by 700 from the previous year. This shift hints at bigger changes brewing in Wisconsin's rural areas. For folks looking to sell land held in a trust, these market dynamics add an extra layer of complexity to an already nuanced process.

Whether you're a trustee trying to liquidate assets or a beneficiary hoping to cash in on inherited land, navigating the world of trusts and Wisconsin real estate can feel like trying to plow a field blindfolded. Don't worry, though – we're here to help you get your bearings and chart a course to a successful sale.

Trust Basics: Not Your Average Land Deal

Before we dive into the nitty-gritty of selling, let's take a moment to demystify trusts. Think of a trust as a legal container where someone (the trustee) holds and manages property for the benefit of someone else (the beneficiary). It's like having a responsible friend watch your prized coin collection, but with a lot more paperwork and legal implications.

In Wisconsin, land can be tucked away in various types of trusts – revocable living trusts, irrevocable trusts, testamentary trusts, and more. Each flavor comes with its own set of rules and quirks when it comes to selling property. So, your first task as a trustee or beneficiary looking to offload some land? Dust off that trust document and give it a thorough read. Trust us (pun intended), it'll save you headaches down the road.

Charting Your Course: Steps to Sell Trust-Held Land

Trust Document Deep Dive

Remember that trust document we mentioned? It's time to become best friends with it. This legal roadmap outlines the rules of the game, including:

  • What powers the trustee has to sell property
  • Any "thou shalt not" clauses regarding land sales
  • Whether you need to get a thumbs-up from beneficiaries
  • How to divvy up the proceeds once the sale goes through

If legalese makes your head spin, don't be shy about calling in a Wisconsin attorney who speaks "trust and estate" fluently.

What's It Worth? Cracking the Value Code

Before you can sell your land, you need to know what it's worth. Sounds simple, right? Well, Wisconsin's land market can be as unpredictable as a game of cheese curd roulette. But fear not – here are some ways to get a solid estimate:

  • Hire a pro: Find a certified appraiser who knows Wisconsin land like the back of their hand.
  • Play detective: Research recent sales of similar properties in your neck of the woods.
  • Pick a realtor's brain: Local agents often have their finger on the pulse of land values.

Just remember, land values can swing wildly based on location, zoning, and whether the property comes with its own herd of friendly cows (okay, maybe not that last one).

Getting the Green Light

Depending on your trust's rules and Wisconsin law, you might need to get some approvals before hanging that "For Sale" sign:

  • Beneficiary buy-in: Some trusts require all (or most) beneficiaries to nod yes before major sales.
  • Court approval: In certain cases, especially with testamentary trusts, you may need to convince a Wisconsin judge that selling is the right move.

Whatever approvals you need, get them in writing. It'll save you from potential drama down the road.

Sprucing Up Your Slice of Wisconsin

Even if you're selling raw land, a little TLC can go a long way:

  • Give it a makeover: Clear out any junk, old equipment, or eyesores that might scare off buyers.
  • Know your boundaries: A fresh survey can prevent headaches and neighbor disputes later.
  • Paperwork party: Gather all relevant documents – tax records, zoning info, environmental studies, etc.

Picking Your Sales Strategy

When it comes to selling land in Wisconsin, you've got options:

a) Team Up with a Realtor

Pros:

  • They've got connections to potential buyers
  • They'll handle the marketing and negotiation headaches
  • They know the paperwork dance

Cons:

  • You'll be paying a commission (usually 6-10% of the sale price)
  • The process might take longer

b) Sell to a Land Buying Company

Pros:

  • Quick and painless process
  • Cash offers without a ton of strings attached
  • No need to become a part-time marketer

Cons:

  • Offers might be lower than full market value
  • Less chance to start a bidding war

c) Go the "For Sale By Owner" Route

Pros:

  • Keep more money in your pocket (no commission fees)
  • You're the captain of this ship

Cons:

  • It's a time-consuming adventure
  • You'll need to become a jack-of-all-trades (marketer, negotiator, paperwork wizard)

Choose the path that fits your timeline, energy levels, and tolerance for potential headaches.

Spreading the Word

If you're not going the direct-to-buyer route, it's time to let the world know about your amazing piece of Wisconsin:

  • Go digital: List your property on popular real estate websites and local land-focused platforms.
  • Get social: Showcase your land's best angles on Facebook and Instagram.
  • Old school still works: Don't forget about local newspapers and real estate publications.
  • Network like a pro: Reach out to local investors, developers, and even conservation groups who might be drooling over your land.

The Art of the Deal

Once offers start rolling in, put on your negotiation hat. Selling land often involves more back-and-forth than your average home sale. Be ready to hash out:

  • Price (obviously)
  • Contingencies (like financing or zoning approvals)
  • How long until you hand over the keys (or, well, the deed)
  • Whether you're keeping any mineral or timber rights
  • Potential owner financing options (if you're feeling adventurous)

Remember, the biggest number isn't always the best deal. Consider the whole package and the buyer's ability to actually close the deal.

The Home Stretch: Closing Time

Closing a land sale in Wisconsin involves a few key steps:

  • Title search and insurance: Make sure the title's squeaky clean and get insurance to protect against future claims.
  • Survey says: A new survey might be needed to confirm exact boundaries.
  • Environmental check-up: Depending on the land's history, you might need some environmental studies.
  • Paperwork bonanza: Work with a Wisconsin real estate attorney to get all the i's dotted and t's crossed.
  • The big day: Coordinate with a title company or attorney to handle the final money and property transfer.

Show Me the Money (and Where It Goes)

Once the sale is in the books, it's crucial to distribute the proceeds exactly as the trust document outlines. This might involve:

  • Paying off any liens or mortgages on the property
  • Covering selling expenses and trustee fees
  • Divvying up the remaining funds among beneficiaries

Keep meticulous records of every penny in and out. Transparency is key when dealing with trusts.

Bumps in the Road: Challenges to Watch For

Selling Wisconsin land from a trust isn't always smooth sailing. Here are some potential obstacles to keep on your radar:

Market Mood Swings

Land values in Wisconsin can be as unpredictable as the weather. Changes in farm policies, urban sprawl, or economic hiccups can send prices on a roller coaster ride. Be prepared for some "hurry up and wait" moments during the selling process.

Mother Nature's Fine Print

Wisconsin takes its environmental responsibilities seriously. Be aware of potential curveballs like:

  • Surprise wetlands or protected critter habitats
  • Soil that's not as pristine as it looks
  • Water rights and access issues

Zoning Zones

Understanding current zoning rules and future land use plans is crucial. These factors can make or break a deal. Do your homework with local planning offices to avoid any nasty surprises.

The Tax Man Cometh

Selling land from a trust can have some gnarly tax implications. Keep an eye out for:

  • Capital gains taxes on property that's gone up in value
  • Potential estate tax wrinkles
  • Income tax impacts for the trust and beneficiaries

Don't go it alone here – team up with a tax pro who knows Wisconsin trust taxation like the back of their hand.

Timing is Everything (But Also Unpredictable)

Selling land in Wisconsin can be a marathon, not a sprint. It might take anywhere from a few months to a couple of years to close the deal. Pack your patience and have a Plan B for managing the property in the meantime.

Keeping the Peace Among Beneficiaries

If your trust has multiple beneficiaries, get ready to play diplomat. Some might want to sell yesterday, while others are holding out for a better price. Clear communication and sticking to the trust's guidelines are your best friends here.

Final Thoughts

Selling Wisconsin land held in a trust isn't for the faint of heart. It takes planning, attention to detail, and often a team of professionals to get it right. But armed with knowledge and a solid gameplan, you can successfully navigate the process while keeping your trustee responsibilities (and sanity) intact.

Remember, there's no one-size-fits-all approach. Whether you partner with a seasoned realtor, sell directly to a land buying outfit like Land Boss, or brave the "For Sale By Owner" waters, the key is staying informed and making choices that align with the trust's goals and Wisconsin's legal landscape.

Wisconsin's land market is as rich and varied as its famous cheese selection. By approaching your trust land sale with equal parts strategy and flexibility, you'll be well-positioned to close a deal that does right by the trust, its beneficiaries, and the next steward of your slice of the Badger State.

About The Author

Bart Waldon

Bart, co-founder of Land Boss with wife Dallas Waldon, boasts over half a decade in real estate. With 100+ successful land transactions nationwide, his expertise and hands-on approach solidify Land Boss as a leading player in land investment.

View PROFILE

Related Posts.