Wisconsin Questions & Answers by Practice Area
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Wisconsin Questions & Answers
Q: My Mother had left me 50% of her home, but was sold for her care.
Thomas B. Burton's answer
Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will (let's say), but she was receiving Medicaid assistance during her lifetime, then the State of Wisconsin will put a lien against her home while she is in the nursing home. After the passes away the State will...
Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will (let's say), but she was receiving Medicaid assistance during her lifetime, then the State of Wisconsin will put a lien against her home while she is in the nursing home. After the passes away the State will...
Q: When an easement created in 1970 expire without re-record?
Jason Anthony Greller's answer
Assuming the easement was originally recorded, the answer depends on the easement. If the easement "run with the land," then the easement binds the heirs and successors of the individual parcel owners. In other words, the easement continues to be binding without re-recording. If, on the other hand, the easement is granted solely to the owner's at that time or for a limited term, then the easement would terminate as provided for in the easement itself.
Assuming the easement was originally recorded, the answer depends on the easement. If the easement "run with the land," then the easement binds the heirs and successors of the individual parcel owners. In other words, the easement continues to be binding without re-recording. If, on the other hand, the easement is granted solely to the owner's at that time or for a limited term, then the easement would terminate as provided for in the easement itself.
Q: Can I have parking space in ingress/egress area where the potential parking space not obstruct ingress/egress route?
Jason Anthony Greller's answer
The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient estate has the right to exclusive use of any portion of the easement area and parking a vehicle would be considered exclusive use.
The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient estate has the right to exclusive use of any portion of the easement area and parking a vehicle would be considered exclusive use.
Q: Is there a statute of limitations on when you can sue someone? Its been over 10 years since the judgement.
Jason Anthony Greller's answer
Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on property may not be enforceable beyond 10 years, the statute of limitations on a judgment can be up to 20 years depending on the claim.
Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on property may not be enforceable beyond 10 years, the statute of limitations on a judgment can be up to 20 years depending on the claim.
Q: Deed stolen to deceased relative home. Hear they are putting their name on deed. What are our options?
Jason Anthony Greller's answer
The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it could be challenged.
The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it could be challenged.
Q: What is the fee for using a real estate lawyer for closing on a house with no realtor?
Jason Anthony Greller's answer
The fee will vary based on the individual attorney, their experience, the scope of the representation and the county in which the attorney is located.
In Dane County - flat fee attorneys will assist from start to finish for fees ranging from as low as $500 to $900. In most cases you get what you pay for so bargain hunting for attorneys is rarely a good idea. The reality is that good representation typically saves you the entire cost of that representation and usually it saves you much...
The fee will vary based on the individual attorney, their experience, the scope of the representation and the county in which the attorney is located.
In Dane County - flat fee attorneys will assist from start to finish for fees ranging from as low as $500 to $900. In most cases you get what you pay for so bargain hunting for attorneys is rarely a good idea. The reality is that good representation typically saves you the entire cost of that representation and usually it saves you much...
Q: I purchased a lecture on a CD set and made a transcript. Is this legal? May I gift CD sets and transcripts I've made?
Griffin Klema's answer
Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about precisely what you are doing, it is not possible to answer your questions with any certainty. I suggest speaking to a copyright attorney and getting a legal opinion on (1) your preparation and use of the...
Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about precisely what you are doing, it is not possible to answer your questions with any certainty. I suggest speaking to a copyright attorney and getting a legal opinion on (1) your preparation and use of the...
Q: How long does a landlord has after judgement been issued for him to return the deposit and prorated rent to me?
Jason Anthony Greller's answer
Landlord has a certain amount of time to appeal the judgment. Assuming he does not appeal you may then try to collect on the judgment. The Wisconsin Court System publishes a pamphlet on the Basic Steps in Collecting on a Judgment for Money. A link to that overview is located at https://www.wicourts.gov/formdisplay/SC-6090V_instructions.pdf?formNumber=SC-6090V&formType=Instructions&formatId=2&language=en
Landlord has a certain amount of time to appeal the judgment. Assuming he does not appeal you may then try to collect on the judgment. The Wisconsin Court System publishes a pamphlet on the Basic Steps in Collecting on a Judgment for Money. A link to that overview is located at https://www.wicourts.gov/formdisplay/SC-6090V_instructions.pdf?formNumber=SC-6090V&formType=Instructions&formatId=2&language=en
Q: Will my American will still be valid if my spouse and I pass away while living abroad?
Thomas B. Burton's answer
Yes, your Will will still be valid in the United States if you should pass away while living abroad. As long as you are a United States Citizen and maintain residency in one of the 50 States in the United States, then the laws of the state where you have established domicile should govern and your Will formed under the laws of that State will be valid. This assumes that you die with property subject to the jurisdiction of the United States and the state where you have established domicile. If...
Yes, your Will will still be valid in the United States if you should pass away while living abroad. As long as you are a United States Citizen and maintain residency in one of the 50 States in the United States, then the laws of the state where you have established domicile should govern and your Will formed under the laws of that State will be valid. This assumes that you die with property subject to the jurisdiction of the United States and the state where you have established domicile. If...
Q: I feel that my insurance company delayed paying my claim and now I am out of a vehicle.
1 Answer
| Asked
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Car Accidents, Insurance Bad Faith and Insurance Defense
for
Wisconsin
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Timur Akpinar's answer
The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.
Tim Akpinar
The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.
Tim Akpinar
Q: Who do I contact to help me with a issue involving IRS And HR Block
Linda Simmons Campbell's answer
I am not clear on your question. If you are asking if HR Block has to pay you the refund that they told your mother she was going to get, from what I am familiar with from some of my clients, that is not included in the audit coverage. You would need to read what they gave you to be sure.
If you are looking for guidance regarding the audit then you would need to call a tax attorney to discuss your case. Most of us offer a free consultation.
I am not clear on your question. If you are asking if HR Block has to pay you the refund that they told your mother she was going to get, from what I am familiar with from some of my clients, that is not included in the audit coverage. You would need to read what they gave you to be sure.
If you are looking for guidance regarding the audit then you would need to call a tax attorney to discuss your case. Most of us offer a free consultation.
Q: Can a person legally ask for money back that they gave, as a gift, to another. No contracts or promisary notes signed.
Jason Anthony Greller's answer
It is not uncommon for people to argue about whether money was given in exchange for a promise to repay or whether the money was given as a gift. A promise to repay does not have to be in writing so this becomes an issue of fact to determine at trial (assuming a contesting proceeding ensues).
There is another argument that can be made. The words you use to describe the relationship changes in your question. At first you describe the parties as roommates, then later you describe them as...
It is not uncommon for people to argue about whether money was given in exchange for a promise to repay or whether the money was given as a gift. A promise to repay does not have to be in writing so this becomes an issue of fact to determine at trial (assuming a contesting proceeding ensues).
There is another argument that can be made. The words you use to describe the relationship changes in your question. At first you describe the parties as roommates, then later you describe them as...
Q: I pay 217 biweekly for child support and now have another garnishment on my wages how much can they with hold?
Linda Simmons Campbell's answer
If the other garnishment is for federal taxes then you may be eligible to have the amount reduced or have the garnishment stopped completely. It is impossible to tell without doing a financial analysis. Most of us offer a free consultation and can let you know your options.
If
If the other garnishment is for federal taxes then you may be eligible to have the amount reduced or have the garnishment stopped completely. It is impossible to tell without doing a financial analysis. Most of us offer a free consultation and can let you know your options.
If
Q: I am buying a house built with 2 finished bedrooms. A 3rd room was finished by the owner w/o getting permits. Issue?
Jason Anthony Greller's answer
The Real Estate Condition Report asks whether the Seller made improvements without required permits during that Seller's period of ownership. If the Seller did not disclose this to the Buyer then the Buyer may choose to terminate the Offer prior to closing. If the Buyer discovers this after closing and there are consequential damages, then the Buyer may have claims against Seller if brought within applicable statutes of limitations that vary based on the claim.
If Seller disclosed the...
The Real Estate Condition Report asks whether the Seller made improvements without required permits during that Seller's period of ownership. If the Seller did not disclose this to the Buyer then the Buyer may choose to terminate the Offer prior to closing. If the Buyer discovers this after closing and there are consequential damages, then the Buyer may have claims against Seller if brought within applicable statutes of limitations that vary based on the claim.
If Seller disclosed the...
Q: My apartment manager left my apartment unlocked after letting pest control through, and I had money stolen.
Jason Anthony Greller's answer
Arguably the apartment manager could be liable for theft of property caused by their failure to secure your apartment after gaining access. However, it is pretty difficult to prove the loss of cash. Perhaps you can reach an agreement with the manager for a rent credit.
Arguably the apartment manager could be liable for theft of property caused by their failure to secure your apartment after gaining access. However, it is pretty difficult to prove the loss of cash. Perhaps you can reach an agreement with the manager for a rent credit.
Q: My parents died six months apart the will was revised but not signed when my mother died, why is probate required?
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.
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.
Q: My child got bit at daycare from a child whos parents didnt inform provider hes a biter! Can a file against parent?
Peter Munsing's answer
Your husband needs to get an attorney. I know he meant well but he does need an attorney.
You can sue the parents but that will cost money as their homeowners will say it's not the type of claim that they will cover.
Your husband needs to get an attorney. I know he meant well but he does need an attorney.
You can sue the parents but that will cost money as their homeowners will say it's not the type of claim that they will cover.
Q: I got food poisoning from a restaurant salad bar. Shouldn't the restaurant pay for my medical expenses?
Timur Akpinar's answer
Some restaurants will pay. Some will ask for proof, as in the form of an ER visit or doctor visit. Some will contest your claim that their food made you sick.
Tim Akpinar
Some restaurants will pay. Some will ask for proof, as in the form of an ER visit or doctor visit. Some will contest your claim that their food made you sick.
Tim Akpinar
Q: I am closing on a house purchase Oct 31, I discovered on Friday Oct 26th that the water well is contaminated.
Vincent Gallo's answer
If your contract that you signed was appropriately modified to protect you from having to close with such an issue, then you should not close until everything is properly rectified.
If your contract that you signed was appropriately modified to protect you from having to close with such an issue, then you should not close until everything is properly rectified.
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