Sarah Lynn Ruffi's answer 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 was signed) is through the probate process.
Sarah Lynn Ruffi's answer 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 the health of any trees on the property.
Sarah Lynn Ruffi's answer 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 limitations ran; or 2) reach an agreement on what you are willing to pay if you want to live in the complex.
Sarah Lynn Ruffi's answer 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.
Sarah Lynn Ruffi's answer 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 and the use of the money.
Sarah Lynn Ruffi's answer 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.
Sarah Lynn Ruffi's answer 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.
Sarah Lynn Ruffi's answer 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.
Sarah Lynn Ruffi's answer 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) should be the person to receive possession of the money, which should be used for Mother's care.
Sarah Lynn Ruffi's answer Assuming that your mother is competent to sign the lease, she likely has an enforceable contract. However, the landlord has a duty to mitigate its damages, which means that the landlord is responsible to use reasonable efforts to find a new tenant.
Sarah Lynn Ruffi's answer It depends what details are included in your billing policy. Presumably, your patients would be individual so the transactions would be covered by the Wisconsin Consumer Law, which imposes limits on what a consumer can be charged. For example, you cannot charge reasonable attorney fees to collect a consumer debt. You should have your billing policy reviewed by an attorney to make sure that you are not violating the Wisconsin Consumer Law.
Sarah Lynn Ruffi's answer The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.
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