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Wisconsin Questions & Answers
1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
Nina Whitehurst answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Wisconsin on
Q: How do I ask the Family court commissioner to remove all non parties from the court room?

My ex and I have a placement modification hearing coming up. He will be bringing people with him. I know it can be done, but how do I ask that all non parties please be excused from the courtroom?

Jane E. Probst
Jane E. Probst answered on Jul 23, 2021

Unless it is a paternity hearing, many of these hearings are public hearings. You can object to the people being in the courtroom, but it is within the discretion of the Commissioner to ban them. You could raise the issue that these people are likely to be called as witnesses at a trial and... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

1 Answer | Asked in Probate for Wisconsin on
Q: My husband passed away 18 months ago, without a will. We were married almost 21 years. We bought a mobile home in

We bought a mobile home only his name was on the title. I'm trying to sell the house now but was told by the realtor to contact a probate lawyer to see if I have the right to sell. The mortgage company has me sign a form starting I would be taking over the mortgage

Thomas B. Burton
Thomas B. Burton answered on Jul 15, 2021

Hello, I am sorry to hear about the passing of your husband. If his name alone was on the title, then you may need to pursue a probate court action to get the mobile home titled in your name before you can sell or transfer title. If the total probate assets held in your husband's name are less... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Who determines/has right to set child custody agreement prior to it being established in court and how is it upheld?

Can custody be established outside of court or without a court ordered agreement? If so, how is that upheld/adhered to and what as a mother can I do if it is not? Is the agreement done between two parties without being court sanctioned legally binding?

Jane E. Probst
Jane E. Probst answered on Jul 15, 2021

Both parents can sign a Stipulation and Order as to custody and placement, but it will need to be filed with the Court and the Order signed by the Commissioner or Judge before it is enforceable.

2 Answers | Asked in Personal Injury and Civil Litigation for Wisconsin on
Q: How do I begin a lawsuit and what does it cost

I’ve used Moraccan shampoo and conditioner

Emmanuel Muwonge
Emmanuel Muwonge answered on Jul 14, 2021

It depends upon where you are beginning the lawsuit and why you are filing. If your claim is in State Court which is Circuit Court in the Civil Branch and is for an amount or value less than $10,000.00, you file it in Small Claims Court. The current fee for doing so in Circuit Court, Small Claims... Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Wisconsin on
Q: How do I begin a lawsuit and what does it cost

I’ve used Moraccan shampoo and conditioner

Michael D. Birchmore
Michael D. Birchmore answered on Jul 17, 2021

I agree with Mr. Muwonge. I would also add another issue you must consider. Most states require corporations to be represented by only attorneys. This law applies to any court in which the corporation has been sued. If you plan to sue a corporation (who made the product) you should be aware... Read more »

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2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Charles E. Hutchinson
Charles E. Hutchinson answered on Jul 8, 2021

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... Read more »

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2 Answers | Asked in Family Law for Wisconsin on
Q: If I were to marry out of state. Which marriage law would apply to my marriage, the state im married at or my resident?

How can I go around Wisconsin marriage property law? Can I get married out of state because my boyfriend's business partner will not allow us to get married if I were to inherit my boyfriend's property before the business partner dies. We want to find a way to get married and if that... Read more »

Jane E. Probst
Jane E. Probst answered on Jul 7, 2021

The State of residence.

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1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: CHIPS petition opened on the mother and the father also lost custody of the child through no fault of his own.

Father has been secluded through out the process

Jane E. Probst
Jane E. Probst answered on Jul 5, 2021

Has the father been adjudicated the father or signed an acknowledgement of paternity if not married to the mother? If not, he needs to make CPS aware so he can be adjudicated and have legal standing in the proceedings.

1 Answer | Asked in Family Law for Wisconsin on
Q: My children’s father has custody but due to an accident he now has a guardian. Does his guardian have now have custody?

My parental rights were not taken from me. I voluntarily gave up custody and placement in my divorce agreement. Recently my ex had a brain injury. He will require a legal guardian (his mother) for himself for the rest of his life due to partial recovery of brain function. Does his mother... Read more »

Jane E. Probst
Jane E. Probst answered on Jul 2, 2021

No. His mother does not automatically have guardianship of the children. If you gave up custody and placement in the family court, your parental rights were not terminated. You would have the right to file a Motion with the Court to assume custody and care of the children. His mother would have... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: My son is now living with me full time. How do I go about asking for more child support. We have a 50/50 joint custody

My ex-husband does not want my 16 year old son living with him anymore. I have had him full time for almost 2 years. I need more child support to bridge the gap. How do I go about that in Wisconsin.

Jane E. Probst
Jane E. Probst answered on Jul 1, 2021

You should file a Motion for Modification of Physical Placement of your son since he has been residing with you so long with your ex's consent. At the same time, you can request an Order for child support based upon these changed circumstances.

1 Answer | Asked in Probate for Wisconsin on
Q: My mother passed away and named my brother as representative. What happens if I don't consent to him?

I have no reason to believe that he will treat me fairly, In fact he has threatened me physically and wont let me in her house, yet he and my sisters have ransacked her house.

Thomas B. Burton
Thomas B. Burton answered on Jun 29, 2021

It sounds like your brother send you a Waiver and Consent for informal probate, to allow the Will to be admitted to probate and to consent to his appointment as Personal Representative under an informal administration. If you do not sign the Waiver and Consent, then he cannot be appointed as... Read more »

1 Answer | Asked in Traffic Tickets for Wisconsin on
Q: I was cited for doing 26mph over the 55mph speed limit in Wisconsin on the highway and for also not having a license.

What should I do and Is there anyway of getting my points reduced and license unsuspended?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 25, 2021

You should do an attorney search for Wisconsin traffic ticket lawyers, contact a few of them and discuss your case specifically and obtain your options, and then hire the traffic ticket lawyer with whom you are most comfortable.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have a criminal defense question.

I sold some ammunition in a private sale to an individual who was over 21 years old. I was contacted by a detective saying that the ammunition that I sold him legally, may have been used in a murder. Ammunition is not subject to background checks in Wisconsin so I did not ask to see a concealed... Read more »

David Patton
David Patton answered on Jun 21, 2021

Most likely you were contacted as a witness. They may be trying to tie the Defendant to the gun by way of the ammo. I am not a civil attorney, but it seems unlikely that you'd face liability assuming you were acting legally when you sold.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Does a realtor have to present a buyer's offer? Can I ask for proof that our offers were presented to the seller?

We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »

Thomas B. Burton
Thomas B. Burton answered on Jun 15, 2021

I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... Read more »

Jane E. Probst
Jane E. Probst answered on Jun 10, 2021

No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: For the purposes of an SBA loan application, is a DUI considered a "criminal offense"?
Sarah Schmeiser
Sarah Schmeiser answered on Jun 9, 2021

A DUI is a criminal offense in all states except for Wisconsin. In Wisconsin a first offense DUI is usually a traffic ticket and not a criminal offense.

1 Answer | Asked in Animal / Dog Law and Car Accidents for Wisconsin on
Q: Am I liable to vehicle damages if someone runs over my dog and damages their car?

While visiting family, upon arrival, my dog escaped the car and was run over by a motor vehicle. Now the vehicle owner is trying to fault me for over $2,000 in damages to their vehicle. Am I liable for this? There is no police report-the police were called and responded, however since the driver... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 8, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. You could look into whether a local attorney would offer you a brief consult to explore your best defenses, if any exist. I'm glad your dog survived; I'm very sorry that someone would come after you for the... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can one of you please review a part of my custody order? I didn't have atty, the ex says he can keep our child

I had a custody order filed over two years ago in Mille lacs county. Unfortunately I couldn't afford an attorney, and he could. Now my ex is claiming he doesn't have to let our daughter leave MN. I would've never agreed to that because my mother lives here (I live in Wisconsin since... Read more »

Jane E. Probst
Jane E. Probst answered on Jun 7, 2021

There is no County in Wisconsin by that name. You will need to consult with an attorney licensed in the State in which the Order was entered.

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