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Wisconsin Questions & Answers
1 Answer | Asked in Small Claims for Wisconsin on
Q: Father in law was at fault for an accident in my car with no insurance. He said he will take all responsibility. am i ok

Will i get in any trouble if he tells the court that he takes all responsibility. It is small claims court

Tim Akpinar
Tim Akpinar answered on Dec 3, 2020

A Wisconsin attorney could advise best, but your question remains open for two weeks. It's difficult to say what could happen. He could agree to accept all the responsibility with the other side, but he cannot control whether violations are issued for an uninsured vehicle - that's in the... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: A chips case has ended for two of my children. Although the other parent has primary placement and custody at the end

At the end of the hearing the judge granted me reasonable placement for both children. I understand that reasonable placement can mean many different thing but here is my question. If i was awarded reasonable placement , does that not mean in my own home? The other parent is trying to control the... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 3, 2020

Reasonable placement upon reasonable notice is often a vague schedule and only works well if both parties cooperate. You need to attend mediation to negotiate a set schedule. If he refuses to mediate, you should file a Motion to Modify the Order or a Petition to Enforce Placement at which time the... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Is it illegal to mark a photo containing a restaurant logo with a CC0 license?

I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 2, 2020

Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and... Read more »

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1 Answer | Asked in Employment Law for Wisconsin on
Q: Are there ways to avoid paying a sign-on bonus back?

I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
David N. Iancu
David N. Iancu answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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1 Answer | Asked in Elder Law for Wisconsin on
Q: What does "Responsible Party" mean legally on an assisted living application? Are an elder's children's assets at risk?

Our Wisconsin resident Mom's husband just died and we children are about to place her in assisted living.

She has assets to pay for her care for three years or so and can partial pay (a small pension and social security and veteran's benefits) after that. But if she lives long... Read more »

Thomas B. Burton
Thomas B. Burton answered on Dec 1, 2020

The meaning of the term "Responsible Party" should be defined by the terms of the contract the Assisted Living Facility is asking you to sign. If it is not defined in the contract, I recommend asking them for the definition before signing and I would be very cautious about signing this... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Believe daughter is being scammed; 3rd world country male has proposed to her. I think he simply wants US Green Card.

They met in a US bar in January 2020. He left for Dubai or Morocco. They have FaceTimes 4x daily; and he flew to California to see her (while she was on a trip). He has proposed to her; given her a very cheap ring. States it is custom for the bride to pick her ring after they marry. What can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

How does your daughter feel about the situation? She spends a lot of time with him!

Parents can speculate. As a parent, we can get controlling and possessive, then interfere in a way that has lasting consequences. An attorney can also do the same based upon decades of experience....
Read more »

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2 Answers | Asked in Copyright for Wisconsin on
Q: Youtube updated their TOS in November 2020 to include rights to monetise copyrighted content, without paying? Legal?

The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Nov 25, 2020

This is not legal advice and is general information only. When you sign up to use a website, usually there are terms of service you agree to when you click on the "I agree" button. Some call this "clickwrap license." If you want to use the service (in this case YouTube and... Read more »

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Wisconsin on
Q: my dog ran in front of a biker and he hit her. I am now being sued, and it says she ran into him, knocking him over

The biker ran into my dog and kind of crumpled up against his handle bars and slowly almost sat on the ground. The letter from his attorney states he fractured his clavicle, but he and his wife were concerned after he fell because his doctor had just given him the ok to ride a bike again after... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

You need to speak to a local attorney since you don’t have an insurance carrier to fight for you.

1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 22, 2020

To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My daughter's father left her some money we spent it before her 18th birthday. Now what is probate court going to do.

I am suppose to show proof that the money is in a account but my daughter and I spent the money..Now probate court keeps calling me and I don't know what to do

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

You need to immediately retain an estates attorney to discuss your obligations to account for this money. Your exposure here may depend on how you spent the money. For example, if you spent the money for your daughter's health, education, support, etc. then you may not have a problem. But a... Read more »

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Wisconsin on
Q: Mom passed away June 2020 with only $300 in her checking & a car loan.

She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... Read more »

Thomas B. Burton
Thomas B. Burton answered on Nov 18, 2020

The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Is she keeping him away from me? He lives with his mom in Kansas. And I’m in Wisconsin.

I think she keeps him away from me just because I have a girlfriend and my happiness. I feel like she couldn’t allow me to have a girlfriend or whatever I want to do with my life. She has a fiancé and another baby with him which I’m happy for her. I don’t even get mad at her what she has... Read more »

David N. Iancu
David N. Iancu answered on Nov 18, 2020

I'm not sure exactly what you're asking, but if your question is whether you have a right to see your son even if you have a girlfriend, the answer is YES. There are many factors that go into a custody/placement determination, but a good lawyer can help you determine what actions you can take.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: anything legally i can do if i had money i had deposited inherited money into a friend's account and they spent it all

my father gave me $14,000 so i could take care of things i needed to in my life. At this time of my life i couldn't open a bank account because of some decisions i decided to make in the past. So i had the money deposited into a so called "friend's" account that i thought i... Read more »

Kevin J. Kuhn
Kevin J. Kuhn answered on Nov 17, 2020

I am sorry to hear about your loss. It is terrible when someone we believe to be a friend turns around and takes advantage of us. You have a right to sue this person, but you will have trouble proving your case if you don't have anything in writing. If this person was mean enough to take... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: Does a title company have to notify the buyer and seller of a house of any encumbrances they discover prior to closing?

After closing on a home, the county contacted me saying the property lines for the home I just bought are incorrect. After speaking with the county, the title company contacted the county about this issue. However, the title never notified myself or the seller about this issue prior to closing.

Thomas B. Burton
Thomas B. Burton answered on Nov 13, 2020

I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: What does the 2 out of every 3 weekends schedule look like? Is it 2 weekends a month or 2 weekends after every 3?

Are they consecutive weekends?

Tajara Dommershausen
Tajara Dommershausen answered on Nov 13, 2020

If the order says 2 out of 3 weekends, most of the time that would be are rotation. Parent A has two weekends, then Parent B has the weekend, then Parent A has two weekends followed by Parent B having the weekend.

2 Answers | Asked in Family Law for Wisconsin on
Q: How does the 2 out of every 3 weekends scheduled work?

How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?

Jane E. Probst
Jane E. Probst answered on Nov 13, 2020

Your question is not clear. Are you asking how it affects a child support order or percentage of placement?

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My brother is providing me with $40,000 down payment to purchase a primary residence.

The amount is intended to be a gift. Would he need to pay taxes on the amount over $15,000 or could this be claimed under the lifetime exemption? If it’s taxable, would agreeing to repay the amount upon sale of the property turn it from a gift to a loan?

Thomas B. Burton
Thomas B. Burton answered on Nov 11, 2020

Currently you can gift up to $15,000 per person per year, without filing a federal gift tax return. Therefore, your proposed gift of $40,000 from your brother would be over this amount. He could gift you $15,000 this year and $15,000 in 2021 without filing a gift tax return, or if he is married, he... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Should I allow my dad to add me to the deed of our family home? What potential liability or risk is involved?

There is still a mortgage and home equity loan on the home along with other debt my dad owes and my husband and I are looking at selling a buying a new home in the next few years.

Thomas B. Burton
Thomas B. Burton answered on Nov 11, 2020

I often advise clients not to add their children to the title of their home, because it can inadvertently expose the parent to creditor claims of the child through divorce, bankruptcy or a lawsuit. However, for you, if your Dad adds you to the title to the home, you would immediately become liable... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 11, 2020

If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

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