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Wisconsin Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Civil Rights for Wisconsin on
Q: In religion, what are my rights & wrong to audio record ? What are their rights & wrongs to audio and camera record me?

I audio record my family-in-law in the living room for evidence of blasphemy and evidence of words chasing me away only. I dont have a camera. And we all do audio record of study and meeting. My in-laws change religion. They try to audio record me because i didn't follow their religion, they... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation involving issues of privacy, consent, and the specific practices and beliefs of the religions involved. Here are some general principles to consider:

Your rights:

- In most jurisdictions, you have the right to record conversations you are a part of, even...
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I rented my private WI home to my great niece. They want to get an ESA. Do I have to accommodate their request?
James L. Arrasmith
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answered on Mar 31, 2024

As a landlord, you may be required to accommodate a tenant's request for an Emotional Support Animal (ESA) under the Fair Housing Act (FHA), even if your property is a private home. Here are a few key points to consider:

1. The FHA applies to most housing situations, including private...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?

My landlord/property management company is requiring me to sign a release form so that they may contact my doctor and asking him questions regarding my disability and my need for an ESA animal. According to my research, this is a clear violation of the FHA laws as landlords are not allowed to... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:

1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those...
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1 Answer | Asked in Banking for Wisconsin on
Q: I deposit a check and it was fraudulent and now the bank wants me to pay the check is this legal?
James L. Arrasmith
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answered on Mar 29, 2024

If you deposited a check that turned out to be fraudulent, it's understandable that this situation would be stressful and confusing for you. Banks have policies in place to deal with fraudulent checks, and unfortunately, these policies often include holding the depositor responsible for the... View More

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

James L. Arrasmith
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answered on Mar 29, 2024

When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.

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1 Answer | Asked in Tax Law for Wisconsin on
Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

James L. Arrasmith
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answered on Mar 28, 2024

If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If this is viable Not-For-Proft (or Non-Profit as some refer) then as long as they are within the bounds of non taxable gifts to their recipients. If the recipients are low income and qualify under the “NFP” charitable purpose then the donor would have a charitable deduction and the recipient a... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More

Q: WI firearm purchase background check questions:

I've been contemplating the idea of purchasing a firearm for home protection. (Milwaukee, WI)

However, I've had a "battery" misdemeanor in the past. As well as a TRO (expired).

I'm interested in having a knowledgeable resource (lawyer) help me better... View More

James L. Arrasmith
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answered on Mar 22, 2024

In Wisconsin, the background check for firearm purchases will review your criminal record, mental health history, and any past restraining orders. If you've had a misdemeanor for battery, it generally doesn't automatically disqualify you from owning a firearm unless it was classified as... View More

1 Answer | Asked in Contracts and Banking for Wisconsin on
Q: My bank has listed online on my latest statement that they have written my car loan off as bad debt. When writing the

Loan off what now are my legal obligations to the loan and does the bank need to file a lien release on the vehicle?

James L. Arrasmith
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answered on Mar 20, 2024

When a bank writes off your car loan as bad debt, it means the bank has deemed the debt unlikely to be collected and has removed it from their books. However, this does not absolve you of your responsibility to pay the loan. You are still legally obligated to repay the debt, and the bank or a... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

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2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

I'm sorry for the loss of the driver - it would probably be best to review the policy thoroughly, with an attorney if necessary, to find out exactly what benefits it includes. There are certain statutory minimum coverages included in auto policies across the nation, governed by state law. But... View More

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1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: A puppy breeder sold us a puppy with parvo that we had to put down within 24 hours of purchase because it was so sick.

She had us sign a contract basically removing all liability from her. Could we win a small claims case for her knowing the puppy was very sick despite her contract? She said it got sick that same day we picked her up. However, the vet that put her down said her parvo was so advanced, she's... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about your experience with the puppy breeder and the tragic loss of your puppy. Dealing with a situation like this is heartbreaking.

Regarding your legal options, even though you signed a contract that attempts to remove liability from the breeder, you may still...
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1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

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