Wisconsin Questions & Answers by Practice Area
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- Legal Malpractice
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Wisconsin Questions & Answers
Q: If you sell a car while in the process of investigating a claim. does that negate the claim?
Timur Akpinar's answer
It shouldn't automatically serve to invalidate the claim, but it could be a source of problems if the city/town/other defendant wants to inspect the vehicle to verify damages described in the claim. At this point, preserve whatever evidence you still have (vehicle photos, repair estimates, work orders, replacement parts lists, invoices, police report if applicable, flatbed towage invoice if applicable, etc.).
Tim Akpinar
It shouldn't automatically serve to invalidate the claim, but it could be a source of problems if the city/town/other defendant wants to inspect the vehicle to verify damages described in the claim. At this point, preserve whatever evidence you still have (vehicle photos, repair estimates, work orders, replacement parts lists, invoices, police report if applicable, flatbed towage invoice if applicable, etc.).
Tim Akpinar
Q: I married a Chinese spouse in China a year ago. We want to move to the US, but before doing so, I want to visit during
Kelli Y Allen's answer
Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no problem. As a practical matter, it's likely that a visitor visa will not be approved, but it's fine to apply. Just make sure all information is complete and accurate. I suggest having an immigration...
Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no problem. As a practical matter, it's likely that a visitor visa will not be approved, but it's fine to apply. Just make sure all information is complete and accurate. I suggest having an immigration...
Q: My lease has 2 different terms which is correct?
Thomas B. Burton's answer
I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for one year from the date signed, then it would run through September 2019" however, with the dates on the front of the page, it does appear very confusing. It appears you have an argument for the lease...
I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for one year from the date signed, then it would run through September 2019" however, with the dates on the front of the page, it does appear very confusing. It appears you have an argument for the lease...
Q: Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.
Kelli Y Allen's answer
You should definitely contact an immigration attorney for assistance as there are multiple options.
You should definitely contact an immigration attorney for assistance as there are multiple options.
Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.
Deron Edward Smallcomb's answer
Marrying so quickly, and applying for the Green Card, can be considered visa fraud. USCIS looks at whether it was your intention to be an immigrant on a non-immigrant visa and then acts accordingly. That said, it is possible to do it given the right conditions, though the safe way is to return home after getting married. You should contact an experienced immigration attorney to discuss your options.
Marrying so quickly, and applying for the Green Card, can be considered visa fraud. USCIS looks at whether it was your intention to be an immigrant on a non-immigrant visa and then acts accordingly. That said, it is possible to do it given the right conditions, though the safe way is to return home after getting married. You should contact an experienced immigration attorney to discuss your options.
Q: Signed 1 year lease. 3 months later property is sold to new landowner who now wants a new lease signed. Is this legal?
Jason Anthony Greller's answer
Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew your lease at the end of its term.
Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew your lease at the end of its term.
Q: My father is buried in a dbl plot. My mother just passed and was cremated. We have the will with her wishes
Thomas B. Burton's answer
I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do this for your Mother's ashes. However, I would double check with the staff at the Cemetery before going ahead and doing burying the ashes yourself.
I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do this for your Mother's ashes. However, I would double check with the staff at the Cemetery before going ahead and doing burying the ashes yourself.
Q: My mother passed away without a will in Dane Cty, Wisconsin. My sister & I were her only children living in other states
Thomas B. Burton's answer
If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use a Transfer by Affidavit instead of opening a full formal probate. If your Mom was receiving Medicaid assistance from the State of Wisconsin at her death, then the State of Wisconsin may have a claim on the...
If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use a Transfer by Affidavit instead of opening a full formal probate. If your Mom was receiving Medicaid assistance from the State of Wisconsin at her death, then the State of Wisconsin may have a claim on the...
Q: Have a green card interview scheduled on Feb 26, I want to postphone due to dental appointment. Is it a good reason
Deron Edward Smallcomb's answer
I would not suggest postponing your Green Card interview unless your dental work is medically necessary and cannot be rescheduled. It is not easy to reschedule with USCIS, you can likely have your dental work done anytime by any dentist.
I would not suggest postponing your Green Card interview unless your dental work is medically necessary and cannot be rescheduled. It is not easy to reschedule with USCIS, you can likely have your dental work done anytime by any dentist.
Q: I sold home for mother's home as guardian to pay for care, that I was to inherit 50% , do I get a share of other assets
Thomas B. Burton's answer
It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed a Will, she could have changed this disposition to leave more to your sister or to someone else. However, in general, if your Mother died without a Will, and you and your sister were the only heirs,...
It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed a Will, she could have changed this disposition to leave more to your sister or to someone else. However, in general, if your Mother died without a Will, and you and your sister were the only heirs,...
Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?
1 Answer
| Asked
in
Business Formation, Copyright, Intellectual Property and Patents (Intellectual Property)
for
Wisconsin
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Kevin E. Flynn's answer
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand, if you find that you need to modify the off-the-shelf components to make your business work, you might be in position where a patent makes sense.
To approach this from a high level, here are...
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand, if you find that you need to modify the off-the-shelf components to make your business work, you might be in position where a patent makes sense.
To approach this from a high level, here are...
Q: Are there transfer fees involved when you quit claim property from an LLC to the sole owner of the LLC?
Jason Anthony Greller's answer
Generally transfers between an LLC and the sole member of the LLC are exempt from the Wisconsin Real Estate Transfer Fee. Section 77.25 (15s) of the Wisconsin Statutes governs and states that the transfer fee does not apply to a conveyance ....... Between a limited liability company and one or more of its members if all of the members are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings and if the...
Generally transfers between an LLC and the sole member of the LLC are exempt from the Wisconsin Real Estate Transfer Fee. Section 77.25 (15s) of the Wisconsin Statutes governs and states that the transfer fee does not apply to a conveyance ....... Between a limited liability company and one or more of its members if all of the members are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings and if the...
Q: I slipped on icy steps on my landlord property can i make him pay my medical bill and lost wages
Jason Anthony Greller's answer
This question is really better suited to a personal injury attorney than to a real estate or landlord/tenant attorney.
Your lease probably does not oblige the landlord to pay medical bills for injuries occurring on the property.
However, if your landlord is charged under the lease with maintaining the property, which may include the application of traction compounds and de-icers, AND the landlord failed to do so in a timely fashion AND that failure proximately caused you to...
This question is really better suited to a personal injury attorney than to a real estate or landlord/tenant attorney.
Your lease probably does not oblige the landlord to pay medical bills for injuries occurring on the property.
However, if your landlord is charged under the lease with maintaining the property, which may include the application of traction compounds and de-icers, AND the landlord failed to do so in a timely fashion AND that failure proximately caused you to...
Q: My brother filed for bankruptcy before we could file a lawsuit against him. Can we still sue?
Timothy Denison's answer
You should consult the authorities bc a crime may have been committed. Also, you can bring an adversarial proceeding against your brother inside his bankruptcy case to recover the money if he obtained it by fraud or deceit. You should consult an experienced bankruptcy attorney to help you through this.
You should consult the authorities bc a crime may have been committed. Also, you can bring an adversarial proceeding against your brother inside his bankruptcy case to recover the money if he obtained it by fraud or deceit. You should consult an experienced bankruptcy attorney to help you through this.
Q: Is cash value life insurance an exempt Ch. 7 asset under WI or Federal Law?
Timothy Denison's answer
The cash value is an asset the value of which can be protected with either your state or federal exemptions.
The cash value is an asset the value of which can be protected with either your state or federal exemptions.
Q: My childs father is filing bankruptcy. How does it affect me?
Timothy Denison's answer
It means nothing to you. He still has to pay support until she is 18 or graduates. Domestic support obligations such as child support are non dischargeable debts in bankruptcy.
It means nothing to you. He still has to pay support until she is 18 or graduates. Domestic support obligations such as child support are non dischargeable debts in bankruptcy.
Q: How to get Driver's License extension when on STEM-OPT pending?
1 Answer
| Asked
in
Immigration Law, Gov & Administrative Law and Public Benefits
for
Wisconsin
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
Kevin L Dixler's answer
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.
The above is general information, not legal advice, and 'does not' create an attorney client relationship.
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.
The above is general information, not legal advice, and 'does not' create an attorney client relationship.
Q: Green Card issued in 1973 and SSN benefits out of country
Kevin L Dixler's answer
He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...
He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...
Q: If you are involved in a hit and run with a parked car, should you turn yourself into police?
Peter Munsing's answer
If police responded I'd consult with an attorney who handles those matters first to see if you can work it out with the owner of the car directly or if they are looking for you.
If police responded I'd consult with an attorney who handles those matters first to see if you can work it out with the owner of the car directly or if they are looking for you.
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