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We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... View More 
answered on Oct 23, 2020
Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... View More
Our attorney received a title in 2007 directly from another attorney and never gave it to us. He now says he no longer has the file.
answered on Jan 14, 2020
Since you asked the question under the heading of real estate law, I presume that the "title" is a deed conveying an interest in a parcel of real estate. Lawyers are not required to keep files indefinitely. The best practice for lawyers is to set forth their file retention policy in... View More
He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.
answered on Jan 14, 2020
From my standpoint, the first question to ask is how long the fence that the neighbor removed was on the property line. The second step is to have a survey completed to determine the actual property lines. If the fence was maintained for more than 20 consecutive years, you may have a claim of... View More
Is it really necessary to hire a real estate attorney to title the property in our name or can we just contact the clerk and have it done on our own? The title is clean and the property has been in the family for 43 years.
answered on Nov 20, 2019
The trust will determine what happens once your parents passed. You should contact an attorney to help you liquidate the trust, if that is what the document requires.
Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... View More
answered on Nov 20, 2019
Based upon the question, I presume that mother never gave up her parental rights. Therefore, if he had no spouse, no children and no Will, that is generally how it works under Wisconsin's intestacy statutes.
In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.
answered on Oct 15, 2019
Yes, you can transfer your half ownership in the house either with a Quit Claim Deed or a Warranty Deed. There will be a transfer fee ($3.00 per $1,000 of value) to be paid, along with the recording fee.
So can we ask them to get out in five days?
answered on Oct 14, 2019
Yes. If they are a month-to-month tenant, §704.17, Wis. Stats., allows you to give either a 5-day or 14-day notice for failure to rent. If they are under a lease for one year or less, §704.17(2), Wis. Stats., allows you to give them a 5-day notice to pay or vacate. No prohibition against... View More
My father died in March due to an auto accident. My mother died in September due to another auto accident. My mother had received the will revision but didn't sign it before her passing. The home had been in both parents name and both had their own wills, which were identical. Why are we... View More
answered on Oct 29, 2018
The law in Wisconsin requires a probate to be opened in a person's estate is worth more than $50,000.00. Based on your facts, your mother owned a home when she died and had assets totaling $85,000 that need to be distributed. The only way to distribute those assets (regardless if her Will... View More
We just purchased a home in February (Wisconsin) on a wooded lot. As spring and summer has brought the outdoors back to life, we have come to the disheartening realization that two giant oak trees are dead. These trees are set in to our patio and are located about 15 feet from our house. These... View More
answered on Aug 27, 2018
The seller was required to complete a Real Estate Condition Report, which covers many areas of the structure and property conditions. However, the health of trees and vegetation on the property are not included in the representations. Therefore, the sellers likely had no obligation to disclose... View More
answered on Aug 21, 2018
Your question is not very clear. It depends what the notice says and what your lease says.
I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... View More
answered on Aug 21, 2018
Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of... View More
I started renting with Company A and after 2 years they were bought out by Company B. Surprisingly, the buy out was on the month that our lease was up. Company A had told us that everything would be settled and we would be put on a month to month with Company B but would have to sign a lease with... View More
answered on Apr 23, 2018
In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.
My former roommate paid for a garage in the Condo Development we lived in. I own the Condo so had to put the Garage Deed in my name due to Condo bylaws. Roommate has moved out and wants the money if the garage is sold. Is that garage legally mine no matter who paid for it? Would he have any... View More
answered on Apr 23, 2018
The Statute of Frauds requires that any agreement pertaining to an interest in real estate must be in writing to be enforceable. If the title to the garage is in your name, that means that you likely own it. The most pertinent question is what type of agreement was there when the garage was built... View More
Can landowners block or build upon the dedicated easement?
answered on Apr 23, 2018
You should be able to get a copy of the actual recorded easement from the Register of Deeds or a title company.
we have closing date set for May 1st 2018 and the seller is now saying that he will not be signing paperwork until June 15th and will not be moving out until at least june 15th. he has had over 3 months to find a new place and pack. we have contract signed, sets date for signing at bank and the... View More
answered on Apr 23, 2018
It depends on the closing date set in the Offer to Purchase. If the closing date in the accepted Offer to Purchase is May 1, 2018 and the Seller refuses to close, you can pursue your options based upon the Seller's default under the terms of the Offer to Purchase.
They need help around the land and want their grandkids to love closer, so we are considering moving to the other home. Homes are about 100 feet from each other and were built at the same time. One was built as a mother in law home. We just want to be sure that this is legal.
answered on Apr 23, 2018
Your parents have the right to allow anyone they wish to live in the other home. If you do move into the other home, you may want to have a written agreement with your parents outlining the expectations of your occupancy to avoid problems in the future.
I want nothing to do with my sister also when dealing with my moms estate. I basically want to erase any obligations i would have it either would pass away.
I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?
answered on Apr 23, 2018
The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.
How do I access his belongings? He also has two precious children. What are my grandparent rights?
Thank you kindly for your time,
answered on Apr 23, 2018
Sorry for your loss. His children are his beneficiaries and legal heirs. The children are the ones who would receive your son's assets and belongings.
The mother has a bad case of Alzheimer's.
answered on Apr 23, 2018
Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian)... View More
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