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Questions Answered by Maxwell Charles Livingston Esq.
1 Answer | Asked in Business Law for Wisconsin on
Q: I am interested in 2 different types of businesses, do I apply for 1 LLC or 2. Do u do LLC's and real estate law.
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Feb 28, 2013

If it's two businesses, it would be two LLCs. I have filed Articles of Incorporation, and I also practice real estate law.

Please email me at max@maxlivingstonlaw.com, and we can setup a time to meet.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Offer accepted subject to inspection, failed inspection, new offer seller repair. Seller dies before accepting

Seller had a court appointed representative. This person claims at death they cannot represent the seller any more. The second offer for the seller to repair has a ten day expiration date. The seller has no will and no one has been assigned to represent the estate. Is the offer null and void after... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Feb 28, 2013

Great questions! Technically, you could argue that the 10 day period to cure/repair has expired - meaning that you can walk away free and clear. The counter-argument may be "extenuating circumstances". But, I believe you would have a strong point that in fact has expired - meaning you can walk... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: In Wisconsin, can a Guardian Ad Litem interview a witness that one of the parents has a current restraining order against?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Jul 11, 2012

Yes, he or she may. However, the GAL would need to present the witness on the witness list (as there might be provisions before the witness can take the stand, to protect the party on whose behalf the restraining order was granted).

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have a park model at a WI seasonal campground for sale. Is it legal for the owner to get a percentage of the sale?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Jun 26, 2012

On these facts, yes. Please provide more information, so I can be of utmost utility. You can email to initiate further correspondence.

All the best.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can you tell me how much it cost per child to get a restraining order in Tomah, WI?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Jun 25, 2012

There is no cost to file a child abuse or individual at risk restraining order.

1 Answer | Asked in Civil Rights for Wisconsin on
Q: I am trying to find a successful civil rights lawyer. How can I see who won cases on the federal court site?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 22, 2012

There are many good ones. See what a former civil rights client had to say about me: http://www.avvo.com/attorneys/53233-wi-maxwell-livingston-4089061/review...

Thank you. If you need help, please email at maxwell@mmmediation.com

1 Answer | Asked in Family Law for Wisconsin on
Q: How do I terminate guardianship for my 17 year old granddaughter?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 22, 2012

You need to fill out form GN-3650 through the Wisconsin court system (accessible at wicourts.gov). Then, you will file this form with the court, after which there will be a hearing. Entailed here is, for example, an evaluation of your grand-daughter's mental competency.

For assistance,...
Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Hi I have been with the same man for 23yrs we are not married. I own a house it's paid for Does he collect money if sold
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 22, 2012

Wisconsin allows cohabitation, but there is no common law marriage in Wisconsin. What does that mean, you might ask. Well, in the state of Wisconsin, unless you are married, there is no community property right to half. Hence, division of property is based solely on implied or express contract;... Read more »

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can I cash out a 403 plan after I filed for bankruptcy
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 21, 2012

While you can, I wouldn't recommend it.

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2 Answers | Asked in Contracts for California on
Q: Can i rescind on a contract to buy a car
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 15, 2012

It depends on whether the other side has accepted the offer to purchase. If so, you can try to negotiate with the other side. However, you may not unilaterally rescind once the contract has been fully formed.

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3 Answers | Asked in Contracts for California on
Q: Can I sue a mechanic for breech of contract?

I paid for a new engine and transmission, but my mechanic has failed to do the work or return the vehicle.

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 15, 2012

If you have performed your end of a contract and the other party to the contract has not, you can sue for breach of contract.

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1 Answer | Asked in Family Law for Wisconsin on
Q: How will i gget my child father to sign his rights over
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Well, you can file with the court based on a substantial change in circumstances (in order to modify custodial or visitation rights). That's the best remedy, because the court must decide what will be in the best interests of the child.

1 Answer | Asked in Environmental for Texas on
Q: Can neighbor back up surface water on my property
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

If it rises to the level of a private or public nuisance, he may not. The governing principle here is that it may not substantially interfere with your use or enjoyment of the land.

1 Answer | Asked in Environmental for Georgia on
Q: What are some laws in place to prevent water pollution?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Certainly the Clean Water Act is a great regulatory rule as it only allows a certain level of discharge. However, there can be additional measures; for example, the Great Lakes Compact encourages even greater levels of control.

1 Answer | Asked in Family Law for Wisconsin on
Q: What kind of Lawyer is best for grandparents to see in trying to get a court order to see there grandchild
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

A family lawyer. But, it is not so easy for grandparents to get custody as they technically have no custodial "rights". Contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: How old does a child have to be in order to legally choose which parent they want to live with?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

There's no golden age. A court decides based on the "best interests" of the child. The child's statements are considered, especially when the child is 13 or over. Contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can a man change his surname to that of his wife's at the time of marriage in Wisconsin?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Yes. With a court order, you may. You can contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: Custody

My ex after two months of divorce wants 50/50 which i believe changing it at this time will put another loop in the kids lives. They are doing well with the schedule we have now. I read the state bar of wisconsin states without my agreement within the two year period they wont change the order... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Yes, that is basically true. There must be a substantial change of circumstances. You can contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: My son is 11 and hates staying at his dads every other sun, court ordered. How old does he have to be to be heard?

My son's dad was barely existent the first 9 years of his life until I asked for a (first ever) review in child support. Then he took me to court to try for half custody and got $100 knocked off his child support for hardship and every other weekend is an overnight which my son is still... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

You can seek a modification of child support for a substantial change in circumstance. Feel free to contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: My Ex isn't being upfront about his wages and salary for his new job. He is required to pay maintenance. What do I do?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

You can file in court for violation of court order and fraud upon the court. If you would like to know more, you can contact me.

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