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Questions Answered by Brendan Lee McAvoy

1 Answer | Asked in DUI / DWI, Immigration Law and Juvenile Law for Wisconsin on

Q: If applying for a fiancé visa do I need to report these on the application and would it cause a refusal?

I received two underage drinking tickets and a DUI (stupid mistakes all over 5 years ago.) so I'm wondering when it asked if you've been convicted of a crime more than 3 times related to alcohol on the application would I need to disclose all of this. And would this cause issues/refusal? Im from... Read more »

Brendan Lee McAvoy answered on Feb 23, 2016

Your question needs more detail. Was the DUI in Wisconsin? Generally, the OWI 1st is not a misdemeanor, although depending on the severity of the crime this may not be the case. Tickets are generally municipal forfeitures and not criminal convictions. If you are unsure on the results of your... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on

Q: If a will is made out previous to going to a nursing home are the values to each person listed in the will valid?

Went to a nursing home for an extended period of time-all property assets used up except for assets in will for son/daughter/grandchildren-will was made out before he went into nursing home-are the values in the will still the values to be distributed according to his wishes- are will assets... Read more »

Brendan Lee McAvoy answered on Feb 23, 2016

In general, a will is the written documentation of the intent of the testator. If the assets are gone, it is unlikely that they could be distributed according to the will. A lot depends on if they are percentage distribution or specific monetary values. I would contact an attorney for a review of... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on

Q: Can a person who has a financial power of attorney pass it to another? Without legal permission?

Brendan Lee McAvoy answered on Feb 23, 2016

Passing a durable power of attorney (POA) generally requires a new POA to be executed by the principle, and based on your state this POA needs to be notarized, signed in the presence of two witnesses, or both.

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