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Wisconsin Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Does a realtor have to present a buyer's offer? Can I ask for proof that our offers were presented to the seller?

We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »

Thomas B. Burton
Thomas B. Burton answered on Jun 15, 2021

I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... Read more »

Jane E. Probst
Jane E. Probst answered on Jun 10, 2021

No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: For the purposes of an SBA loan application, is a DUI considered a "criminal offense"?
Sarah Schmeiser
Sarah Schmeiser answered on Jun 9, 2021

A DUI is a criminal offense in all states except for Wisconsin. In Wisconsin a first offense DUI is usually a traffic ticket and not a criminal offense.

1 Answer | Asked in Animal / Dog Law and Car Accidents for Wisconsin on
Q: Am I liable to vehicle damages if someone runs over my dog and damages their car?

While visiting family, upon arrival, my dog escaped the car and was run over by a motor vehicle. Now the vehicle owner is trying to fault me for over $2,000 in damages to their vehicle. Am I liable for this? There is no police report-the police were called and responded, however since the driver... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 8, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. You could look into whether a local attorney would offer you a brief consult to explore your best defenses, if any exist. I'm glad your dog survived; I'm very sorry that someone would come after you for the... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can one of you please review a part of my custody order? I didn't have atty, the ex says he can keep our child

I had a custody order filed over two years ago in Mille lacs county. Unfortunately I couldn't afford an attorney, and he could. Now my ex is claiming he doesn't have to let our daughter leave MN. I would've never agreed to that because my mother lives here (I live in Wisconsin since... Read more »

Jane E. Probst
Jane E. Probst answered on Jun 7, 2021

There is no County in Wisconsin by that name. You will need to consult with an attorney licensed in the State in which the Order was entered.

1 Answer | Asked in Health Care Law for Wisconsin on
Q: My previous primary Dr never informed me about two major health issues three years ago. However, the information was in

my online health account which I didn't read. Nothing was mentioned by her about these issues at a follow up visit after a surgery for something else either. Should she have discussed this with me, or was it my responsibility to read my health account, and contact her?

Tim Akpinar
Tim Akpinar answered on Jun 6, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. She should have discussed the issues with you, and at the same time, you should have read your records as well if you had access to the information in the health account. Naturally, it also depends on the criticality... Read more »

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: As poa can I stop his alimony if he is in prison

Can the poa get in trouble if I stop alimony payments while he is in prison

Jane E. Probst
Jane E. Probst answered on May 25, 2021

Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can my children's father keep my children from me without a court order?

My children's father has been keeping my children from me for over two months without contact. I have had the police go to his home four times and he continues to refuse

Jane E. Probst
Jane E. Probst answered on May 24, 2021

If there is already an Order for placement, you can file a Petition to Enforce placement. The Court needs to schedule it for hearing within thirty days.

1 Answer | Asked in Family Law for Wisconsin on
Q: How soon after a case closure for CHIPS can the party file a motion to change placement?

My fiancé has had his children in his custody since June of 2019. The CHIPS case final order was filed at the end of 2020. He has full placement with the mother receiving one supervised visitation a month. She recently filed a motion to change placement. How often can these motions be filed? Is... Read more »

Jane E. Probst
Jane E. Probst answered on May 24, 2021

The question is whether the final Order was for a continuing CHIPS Order, or whether Children's Court has dismissed the CHIPS action. Children's Court Orders take priority over Family Court Orders. If she filed a Motion to Modify Placement in Children's Court, the Children's... Read more »

1 Answer | Asked in Consumer Law and Contracts for Wisconsin on
Q: How to handle a company that failed to complete contract and their loan company seeking payments?

Hired a company to remodel bath/tub area. They put in wrong materials, wrong (cheap) hardware, total sloppy job. We had local manager come in, he said they have to tear out and start from scratch. Then we never heard from them again. Multiple phone calls to salesman/manager/corporate HQ have gone... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on May 18, 2021

It sounds like you may have claims against the contractor - and defenses on the loan. It will be based (in part) on some additional facts and the contents of any written documents you signed. I suggest contacting a Wisconsin consumer lawyer for a free consultation to discuss your rights and options.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: How to know I'm not infringing selling NMN anti-aging supplement? Very complicated patents about mfg, use etc.

At amazon dozens of companies are selling NMN so it appears to be unpatented as a molecule, unlike the competitor NR (nicotinamide riboside) where patent holder ChromaDex claims a monopoly sues others distributing it. Yet google patent pulls up many US and foreign patents - some mfg process and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

Your question is pretty convoluted, impossible to answer here.

You have to consult an attorney.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Could we be granted shared legal custody of our 6 year old granddaughter if we go to court.

My husband and I have been caring for our 6 yr old granddaughter (living with us) 5 days a week for most of her life. Mother has sole custody. She has signed a medical consent form so that we take care of all her doctor appointments. We are her paternal grandparents.

Jane E. Probst
Jane E. Probst answered on May 13, 2021

The Family Court Code does not provide for shared physical placement of non parents. If the parents would be found to be unfit, you could petition for guardianship. However, for a third party such as a grandparent to be awarded placement, not visitation, there would need to be a referral to the... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: For a second 2nd dui, but the first was more than 10 years ago (in 2003) Do we have to install an interlock device.
Sarah Schmeiser
Sarah Schmeiser answered on May 13, 2021

The law in Wisconsin does state that if you have a previous first offense DUI that was more than 10 years ago and you now have another first offense, you are required to have the ignition interlock device installed. In practical terms, if the information sent in to the Department of Transportation... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can a mother force a father to give up rights to his child?

Father had been in jail, no visitation rights. Father is out of jail for 2 years now and the mother is taking him to court on May 21st to continue no visitation and try to terminate rights. Father has little money for a lawyer and does not want to give up rights and wants to resume sharing... Read more »

Jane E. Probst
Jane E. Probst answered on May 13, 2021

The only way a Court will terminate a parent's parental rights is if there is someone who will be adopting the child in the shoes of that parent. Family Court can enter an Order to hold open placement, but that can be modified based upon a substantial change of circumstances.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Will my ex get 5050 after I have been primary caregiver since kids were born? Divorced now almost 2 years.

I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It... Read more »

Jane E. Probst
Jane E. Probst answered on May 10, 2021

To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for Wisconsin on
Q: I own a house with 7.4 acres. It just went into foreclosure. They gave me 6 months to pay 13,000 . Can I sell 3 acres?

I didn’t borrow this money.. My aunt and uncle did back in 2006 at 14% interest..He has passed.. I am the sole owner on the deed.I missed some payments..And instead of going after the borrower..The bank listed me as responsible for the loan and put my House into foreclosure.She was not even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 8, 2021

You really need to retain an experienced WI mortgage foreclosure defense and bankruptcy attorney. Selling acreage may or may not be the best option. This is not legal advice, merely ideas and suggestions to discuss with a licensed WI attorney. Good luck.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If 3 people are on a deed for a house in WI joint tenancy and one person dies. The person who died

has debt. Can creditors come after his portion of house?

Thomas B. Burton
Thomas B. Burton answered on May 3, 2021

If the creditor's lien or mortgage was recorded prior to the joint tenant's death, the property will pass subject to the lien. There is a Termination of Decedent's Interest Form you can file with the Register of Deeds to remove the joint tenant's name from the title to the... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have vacant land inherited from my father who passed last year. The property is held in a Revocable Trust.

All heirs have signed a disclaimer of abandonment. As trustee, can I still sell the land?

Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

The Trust is probably Irrevocable now. Hire a competent attorney to search the Title. As Trustee you may or may not be able to sell the land as the fiduciary. At worst, all interested Parties, Trustee and Beneficiaries, can convey as grantors unless there is a future interest estate created by... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Wisc home deed lists husband and wife grantee what happens upon death of spouse? What should it say to pass to survivor?

No mortgage

Thomas B. Burton
Thomas B. Burton answered on Apr 26, 2021

Hello, if you want the property to pass to the surviving spouse non-probate upon the death of the first spouse, you can title the property as "John Smith and Jane Smith, husband and wife as survivorship marital property" for example. "survivorship marital property" is the key... Read more »

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