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If I'm the executor of an estate for a person that was the sole proprietor of a bar/restaurant that is stocked with bottles of booze and kegs of beer is there any legal way to sell it to generate cash for the estate?

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    Which state is the restaurant located in? What kind of license does it have?
    – phoog
    Sep 9, 2020 at 5:31
  • State is WI. License is Combination "Class B" Beer and Liquor Sep 9, 2020 at 5:38

1 Answer 1

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With forms AT-108 and AT-900 the license may be transferred to the personal representative and then the entire stock can be liquidated to any other license holding establishment.

Licenses may be transferred by completion of Form AT-108, at no charge during the license year from one person to a court-appointed receiver as a result of foreclosure or proceedings to avoid bankruptcy, or to a trustee when the licensee enters bankruptcy, or to the personal representative or surviving spouse upon the death of the licensee. If a retail licensee becomes disabled, the municipality may, upon application, transfer the license to the licensee’s spouse if that spouse complies with all of the requirements under this chapter applicable to original applicants, except that the spouse is exempt from payment of the license fee for the year in which the transfer takes place (sec. 125.04(12)(b)).

Tax 8.81 Transfer of retail liquor stocks.

(1) No licensed retailer shall transfer his or her intoxicating liquor stock, upon selling or liquidating the business, without first completing a stock transfer form listing an inventory of the entire stock to be transferred. The inventory must list quantities, brands, container sizes and other information as the department may require and shall be signed by both the buyer and the seller. One copy is to be retained by the seller, the other copy shall be retained by the buyer on the licensed premises and available for inspection at all times by representatives of the department.

(2) A licensed retailer may sell his or her entire sealed liquor stock in a liquidating transaction to any other licensed retailer providing the conditions in sub. (1) are met.

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