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Wisconsin Questions & Answers
1 Answer | Asked in Estate Planning for Wisconsin on
Q: how long can creditors claim on the estate in WI?
Thomas B. Burton
Thomas B. Burton answered on Oct 27, 2021

After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: If my child's father signs away his rights is he still required to pay child support if I'm receiving state aid
Jane E. Probst
Jane E. Probst answered on Oct 19, 2021

Unless his parental rights are terminated in a Children's Court proceeding, he will still have a child support obligation. The child would need to be adopted by a step-parent. his parental rights can not be terminated by a family court action.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Wisconsin on
Q: Civil Judgement help. We cant get info to pay a judgment.

My husband got into fight that resulted in restitution for hospital bills after he was released off probation and they turned it into a judgement. We have been trying to get ahold of the hospital to pay this off they wont give any information to us because it is someone elses name. We call... Read more »

Emmanuel Muwonge
Emmanuel Muwonge answered on Oct 13, 2021

Why don't you call the hospital and request you need to speak with the legal department. If they don't have one, ask to speak with the individual responsible for payments due to the hospital and tell them you need help finding out where to send the payment. If that fails, send them the... Read more »

2 Answers | Asked in Estate Planning for Wisconsin on
Q: My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.

He has no will. If he passes does the house transfer to me and I take over payments or does the bank get it. I’ve been living there for years

Thomas B. Burton
Thomas B. Burton answered on Oct 13, 2021

Hello I am sorry to hear about your father. If he has no Will or Trust, then the house and any of his other assets subject to probate would pass according to the laws of intestacy. If you are the only living child, you may be an heir, but if there are other children, or a surviving spouse, then... Read more »

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1 Answer | Asked in Child Support for Wisconsin on
Q: My husband is paying child support for his 19 yo daughter that lives in Puerto Rico. Her mother is receiving the pymts.

My daughter is married, pregnant and she does not live with her mother. Is there a way to stop the payments since my daughter is an independent adult?

Jane E. Probst
Jane E. Probst answered on Oct 11, 2021

It depends on the State in which the child support Order was entered. Each State has different laws as to when a child is deemed emancipated. In Wisconsin, if she is married and pregnant, she is deemed emancipated. He would need to file a Motion to terminate the maintenance.

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughter’s father owes me a significant amount in back child support. She’s now over 18. What can I do to collect?

With arrears and interest it’s over $100k. I don’t know his financial standings, but for my daughter I want to know what I could do.

Jane E. Probst
Jane E. Probst answered on Oct 11, 2021

You can still file a Motion for Contempt and for repayment of arrears. The money is still owed to you, even if your daughter is emancipated.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... Read more »

Adan Vega
Adan Vega answered on Oct 8, 2021

The USCIS receipt notice of the FORM I-751allows you to travel abroad beyond the expiration of the conditional resident card. Without the I-751 receipt notice , you must complete your international travels prior to January 20, 2022. Depending on the international location of your destination,... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I am searching for guidance and possible representation regarding my current child support situation.

My Ex has 3 kids under age 18; 1 from previous ex-wife, and 2 with me.

1st kid-he pays child support, order is through Walworth Co. Court.

We then had our child together; [we are unmarried] order was placed for him to pay support to me -also through Walworth Co. We then moved into... Read more »

Michael Edwards
Michael Edwards answered on Oct 7, 2021

If you are a aware that father is living with a convicted felon, you are certainly justified to be concerned about your kids being in that environment. Revisiting placement could be an option for you depending on what the current orders are set at. For child support, I would need some additional... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Will my wife receive the majority of the equity in our house? We live in Wisconsin.

Been married for 8yrs. Together for 15yrs. House was purchased and lived in by both of us for the last 13yrs. The title and mortgage was in her name initially due to my less than stellar credit at the time of purchase. We have since refinanced the home and both names are now on the mortgage and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 27, 2021

If you have refinanced the mortgage in both of your names and made mortgage payments during the marriage, it has become a marital asset.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How necessary is submitting school, religious, DNA, and census records in the last section of the I-130 (filing online)?

Also, is this for me, the petitioner, or is this for the beneficiary? The instructions on the online form aren't very clear. I keep getting error messages saying, "You should provide evidence. If you do not provide evidence, your petition processing may be delayed."

My wife... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 23, 2021

We tend to recommend filing paper submissions only retaining a copy in the file for housekeeping and accountability reasons. But even generally we do not include only required submissions that do not confuse the processing officer.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: My mother has dementia and no one to take care of her in Puerto Rico. I want to bring her to Wisconsin

What can I do? She apparently has a joint account with her partner that is hospitalized and will likely end up in a nursing home by his kids. We have no information about where anything goes as his family took that over.

Thomas B. Burton
Thomas B. Burton answered on Sep 17, 2021

Hello I am sorry to hear about this situation with your Mother. If she has a joint bank account with another person, then generally here in Wisconsin the last surviving person ends up as the owner of that account. In Wisconsin it is possible to name a "Payable on Death" or... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Milwaukee Divorce. I have a trial upcoming via zoom and I am outside the US. Do I need to be on US soil for the call?

This is a zoom call trial.

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

It is not necessary for you to be in the United States during a zoom hearing. You will simply need a reliable internet connection.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Do part-time jobs have to be included in the employment history section in the I-130A?

My wife didn't keep careful records of her employment, especially the part-time jobs she had prior to me coming to China.

China measures part-time and full-time differently it seems. In the US, 36-40+ hours is considered full-time, whereas part-time is anything less than that. In... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 9, 2021

ALL employment should be included.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
Jane E. Probst answered on Sep 6, 2021

The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your... Read more »

1 Answer | Asked in Personal Injury and Constitutional Law for Wisconsin on
Q: How much time do first degree reckless conduct regarding of life carry
Tim Akpinar
Tim Akpinar answered on Aug 24, 2021

A Wisconsin attorney could advise best, but your post remains open for four weeks. Personal injury attorneys are not likely to know this - you could repost under Criminal Law. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Wisconsin on
Q: I’m wondering if I have a lawsuit on my hands.

I am currently employed with a manufacturing company. I recently injured my back. At the moment I was required to lift ten 52 pound boxes from ground level (this is against their policy 52 pound boxes aren’t supposed to be at ground level.) In the process of moving the last box and standing up... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 17, 2021

Do you have a lawsuit on your hands? This is something a Wisconsin attorney could answer best, but your question remains open for two weeks.

It looks like you have a workers' comp case on your hands. In terms of a lawsuit, as in a personal injury case, I don't see one. Your...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: If Bond conditions state there's a no contact between two people can the person who is not on bond still send messages?

I'm on bond it states that I cannot have contact with a person or their residence, but they continue to message me multiple times a day. Is this legal

Sarah Schmeiser
Sarah Schmeiser answered on Aug 10, 2021

Yes. If you are on bond for a crime and the Court orders you to have no contact with someone you are the one constrained, the other person is not. However, if there is an issue with this contact and you want it to stop, you may be able to take other action such as requesting a restraining order... Read more »

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