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Wisconsin Questions & Answers

1 Answer | Asked in Immigration Law and Elder Law for Wisconsin on

Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA

thanks

Denise Anderson answered on Jun 25, 2019

There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.

I would suggest speaking with an immigration attorney, explain the...
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1 Answer | Asked in Criminal Law for Wisconsin on

Q: Good Evening, I was inquiring about possible help from a pro bono Lawyer.

My name is Jamal Gill and I currently reside in Jacksonville, FL. I am unemployed and desperately seeking help to possibly seal/expunge my record. I haven't been able to gain employment mostly due to my background. I have been working as a Customer service agent for 10+ years in Wisconsin, but here... Read more »

Timur Akpinar answered on Jun 23, 2019

You really need to speak with a criminal attorney in private, and the manner in which your post was written suggested you might have been under the impression that you were dealing with a law firm. This is a public forum and it is important for you to be aware of that sooner than later.

A...
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1 Answer | Asked in Probate for Wisconsin on

Q: My mother passed away Nov. 2015. I never received my inheritance can call probate yet

My mother told me that I will will be receiving a parcel land and some cash and the Will

was dated also in 2015

Thomas B. Burton answered on Jun 19, 2019

If there was a Will, it should have been filed with the probate office at the Courthouse in the County in which your Mother resided when she died. If a probate action was opened, it should be listed online in the Wisconsin Circuit Court Access system. You can go to their website and search using... Read more »

1 Answer | Asked in Immigration Law and International Law for Wisconsin on

Q: I have a domestic abuse RO against me in WI, will this effect international travel or visa applications?

Can i travel out of country or get a foreign visa/permenant residency?

Hector E. Quiroga answered on Jun 19, 2019

A restraining order of any kind is not a conviction for a crime. If there is an underlying criminal conviction, that could be an issue. You should speak with an immigration attorney who has experience dealing with the impact of the violation of Wisconsin statutes on immigration status.

3 Answers | Asked in Immigration Law for Wisconsin on

Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

Kevin L Dixler answered on Jun 16, 2019

No, you must file the I-130, first. Note that there may be reasons to disqualify her from adjustment of status. She cannot work until she has work authorization.

I strongly recommend an appointment with a competent and experienced immigration attorney before filing, so there are not any...
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1 Answer | Asked in Car Accidents and Bankruptcy for Wisconsin on

Q: I sued the person who hit my car for $7500.00, it became a default judgement because she did not show up in court.

I received a notice in the mail in regards to her filing chapter 7. Is there anything I can do? The paper stated that I can file a motion but will that help me?

Jordan Ash answered on Jun 13, 2019

Unfortunately there is nothing you can do unless there was alcohol involved in the accident. The person is allowed to discharge (wipe out) the debt that they owe you for the accident unless it involved alcohol (DUI).

1 Answer | Asked in Consumer Law for Wisconsin on

Q: Seeking advise about getting a vehicle replaced

I am writing for my daughter that lives ion Verona. She took her 2018 Hyundai Tuscon to a Chevy dealership for an oil change, as part of a benefit fund raiser. The service staff at the Chevy dealership left the oil drain plug not fully tightened resulting in it falling out and the oil draining,... Read more »

Nathan DeLadurantey answered on Jun 13, 2019

She has several different potential options; and accepting their offer doesn't sound like it makes her whole. I would suggest she contact a consumer lawyer in Wisconsin. They should offer her a free consultation where they can explain her rights and options. Many of them also take cases like this... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on

Q: what are the risks to using probate rather than a trust in florida?

My great aunt just passed (she lived and drafted her documents in Florida). her attorney is advising using probate rather than the trust. why do this? what's the point of doing a trust then?

Thomas B. Burton answered on Jun 12, 2019

If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer her... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on

Q: My landlord wants to charge me late fee plus $5 a day for everyday it's passed the 5th. Is the $5 a day legal?

Jason Anthony Greller answered on Jun 12, 2019

A landlord can only charge a late fee if it is specifically authorized in the rental agreement. There is no statute, regulation or Wisconsin case that addresses the maximum amount that can be charged for a late fee. Some courts disfavor the use of a daily late fee and have found them to be... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on

Q: Home listing -The owner is deceased and the agent says the “kids told him they have right to sell” How do we verify.

Jason Anthony Greller answered on Jun 11, 2019

Eventually the title company will insure that the sellers have the right to sell. In the interim, you could ask if they have an order from the probate court making one of the children the personal representative of the estate.

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1 Answer | Asked in Landlord - Tenant for Wisconsin on

Q: My landlord claims it is not her responsibility to ensure the apartment can maintain a comfortable living temperature.

Wis. Stat. ch. 704 and ch. 799, Wis. Admin. Code § ATCP 134 states that the apartment should be able to maintain a temperature of at least 67 degrees. My landlord says that it is my responsibility to keep the temperature at that level. I believe that it is her responsibility.

Jason Anthony Greller answered on Jun 8, 2019

Yes. A landlord on a residential lease in Wisconsin has a duty to ensure that the premises has adequate heating. If the system needs to be repaired it is also the landlord's duty maintain and repair the system.

See:

704.07  Repairs; untenantability.

(1)  Application of...
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1 Answer | Asked in Real Estate Law for Wisconsin on

Q: I have an easement driveway to my property, who is responsible for trimming tree branches?

The trees aren't mine or on my property. Tree branches are hanging over the driveway and brushing on vehicles entering & leaving my property.

Jason Anthony Greller answered on Jun 8, 2019

Generally, easements indicate responsibility for maintaining the road. Arguably, tree trimming should be a part of maintaining the road an access. Check the easement language to see how maintenance responsibilities are handled.

1 Answer | Asked in Real Estate Law for Wisconsin on

Q: If a city gets a judgement on a Raise or Repair order,is it legal if they did not include the lein holder?

Jason Anthony Greller answered on Jun 7, 2019

Generally, a municipality does not have to name a lien holder of a property when seeking a judgement relating to delinquencies unless they are seeking a foreclosure based on a failure to pay real estate taxes.

2 Answers | Asked in Tax Law for Wisconsin on

Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

Andrew M Steiger answered on Jun 5, 2019

The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not... Read more »

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1 Answer | Asked in Elder Law for Wisconsin on

Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?

Thomas B. Burton answered on Jun 3, 2019

As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity, at any... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on

Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
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1 Answer | Asked in Real Estate Law for Wisconsin on

Q: How do I find the text from peterson v. feyeresien? It was printed in Wisconsin Reports 203 1930.

Jason Anthony Greller answered on May 31, 2019

I'm pretty sure that cases this old are not freely available online. You can access them with a subscription. Alternatively, you can visit your County Courthouse which usually maintains a library. If in Madison, you can visit the State Law Library or the University of Wisconsin Law School. In the... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on

Q: I want to serve a Wisconsin 28 day notice to terminate tenancy. How is a 28 day notice counted?

I want to serve the 28 day notice for June. How are the days counted? Do I have to serve on June 2nd to allow at least 28 days before the end of the rental period? If served on June 2nd, is it true that the 28th day (June 30) cannot fall on Sunday?

I am the landlord. Tenancy is... Read more »

Jason Anthony Greller answered on May 31, 2019

Yes, you would have to serve the notice on June 2nd. There is no restriction on the 28th day falling on a Sunday.

Section 704.19 Wis Stats outlines the rules relating to 28 day notices terminating periodic tenancies.

Please make note of the provisions of Section 704.19 (7) which...
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2 Answers | Asked in Contracts and Real Estate Law for Wisconsin on

Q: The Seller is trying to change contract on purchase of home when a contract was signed and offer accepted?

I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... Read more »

Jason Anthony Greller answered on May 30, 2019

It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may... Read more »

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1 Answer | Asked in Estate Planning for Wisconsin on

Q: We have a cabin & have 2 sons. We want to give one son 1/2 of what the cabin is worth. Say it's worth $150,000.

We would give the one son $75,000. Say when we die the one that has the cabin wants to sell. He would be pocketing $150,000. We realized the other son only got $75,000. This is not right though. So would we write up that the one son that got the cash would get another $37,500? Which would then be... Read more »

Thomas B. Burton answered on May 28, 2019

It depends on what you are trying to accomplish. If I understand correctly you want to gift $75,000 in cash to one son today. Instead of cash, you plan to leave the other son your cabin at death. You could order an appraisal of the cabin now and figure out what it is worth. If it is worth exactly... Read more »

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