Wisconsin Questions & Answers by Practice Area
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Wisconsin Questions & Answers
Q: How will you know when you are no longer in Probate ?
Thomas B. Burton's answer
Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the name of the County where the probate action has been filed, and then you should be able to search the court website for the latest information on the status of the case. Best of luck to you!
Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the name of the County where the probate action has been filed, and then you should be able to search the court website for the latest information on the status of the case. Best of luck to you!
Q: My brother and I inherited land when our mother passed away my aunt's own a portion of said land
Thomas B. Burton's answer
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold title in your individual names, then it is likely you could go to court and ask the judge to order a partition action for the property. The judge could then divide the property so that you could sell...
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold title in your individual names, then it is likely you could go to court and ask the judge to order a partition action for the property. The judge could then divide the property so that you could sell...
Q: Can estate property that has not been inherited be taken under Chapter13?
Timothy Denison's answer
Depends on your ownership interest in the property and the equity in it. You need to speak with a competent bankruptcy lawyer who can assess your complete financial situation before you do anything.
Depends on your ownership interest in the property and the equity in it. You need to speak with a competent bankruptcy lawyer who can assess your complete financial situation before you do anything.
Q: Hello my Mom and I had a bank account together she passed away 7 months ago how long do I have for probate
Timothy Denison's answer
You can likely probate at any time but generally the estate has to remain open for 6 months.
You can likely probate at any time but generally the estate has to remain open for 6 months.
Q: As a beneficiary of my recently deceased parents, how can I obtain a copy of their initial Will, which was drawn up by
Thomas B. Burton's answer
The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or burned the old Will after executing the new Will. In fact, I recommend that my clients destroy their old Wills after executing a new Will in order to avoid any confusion over which Will is valid and to...
The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or burned the old Will after executing the new Will. In fact, I recommend that my clients destroy their old Wills after executing a new Will in order to avoid any confusion over which Will is valid and to...
Q: x-spouse and new wife claimed chapter 13 and is failing to pay court ordered support to me. What can I do to get help?
Timothy Denison's answer
He still owes you the money. Child support and Alimony are not dischargeable in bankruptcy. Moreover, the stay does not apply to pursuit of these debts. Contempt in the divorce case is your best, quickest option.
He still owes you the money. Child support and Alimony are not dischargeable in bankruptcy. Moreover, the stay does not apply to pursuit of these debts. Contempt in the divorce case is your best, quickest option.
Q: Lease renewal, but want to move??
Bruce Alexander Minnick's answer
Regardless of the term of the lease, to avoid all problems you should give the landlord whatever length of notice required by the written lease. If the lease has already expired you are a tenant at suffrage; but you still should give the landlord some reasonable notice.
Regardless of the term of the lease, to avoid all problems you should give the landlord whatever length of notice required by the written lease. If the lease has already expired you are a tenant at suffrage; but you still should give the landlord some reasonable notice.
Q: Statement of intent surrendering vehicle how long before have to give vehicle back?
Bruce Alexander Minnick's answer
Ask your bankruptcy lawyer; if you have none, ask the trustee; if that doesn't work ask the finance company.
Ask your bankruptcy lawyer; if you have none, ask the trustee; if that doesn't work ask the finance company.
Q: Can I file a complaint if a company does not disclose the “cooling off period” and inform me of my right to terminate?
Bruce Alexander Minnick's answer
Unfortunately, not every written contract is required to have a free "I've got second thoughts and want an early out" clause. In fact, you should be glad the contract even has an "early termination fee" clause, because that is not required everywhere either.
IMO, you are to be commended for stepping up to the plate, admitting you made a bad decision (after being wined and dined at a fancy country club) and deciding to pay the contractual early termination fee to get out of the...
Unfortunately, not every written contract is required to have a free "I've got second thoughts and want an early out" clause. In fact, you should be glad the contract even has an "early termination fee" clause, because that is not required everywhere either.
IMO, you are to be commended for stepping up to the plate, admitting you made a bad decision (after being wined and dined at a fancy country club) and deciding to pay the contractual early termination fee to get out of the...
Q: If contract has no stated early termination fee can the other party just make one up?
Bruce Alexander Minnick's answer
Unless you signed the contract less than a week or ten days ago the "cooling off" clause has probably expired. Claiming to have been taken advantage of because the sales guy plied you with fancy food and expensive booze while he was convincing you to sign the "bad deal" will not work. Believing the sales guy when he told you verbally that they would let you off the hook "if your business folds" is also not available as a defense unless it is part of the written contract.
Finally,...
Unless you signed the contract less than a week or ten days ago the "cooling off" clause has probably expired. Claiming to have been taken advantage of because the sales guy plied you with fancy food and expensive booze while he was convincing you to sign the "bad deal" will not work. Believing the sales guy when he told you verbally that they would let you off the hook "if your business folds" is also not available as a defense unless it is part of the written contract.
Finally,...
Q: I received a domiciliary letter as personal rep for my brother's estate. What else is needed to list and sell the house?
Thomas B. Burton's answer
If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor as necessary, and entering into other contracts on behalf of the Estate. If the Will allows you to sell the home, then you can sell the home, and distribute the assets from the sale according to the plan of...
If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor as necessary, and entering into other contracts on behalf of the Estate. If the Will allows you to sell the home, then you can sell the home, and distribute the assets from the sale according to the plan of...
Q: How do I file to become a Personal Representative for my deceased Uncle’s assests. He lived in West Allis, WI
Thomas B. Burton's answer
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form, stating you are willing to serve as Personal Representative. There are several other forms as well that will need to be completed in order to open the Probate Case. All of the forms are available on the...
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form, stating you are willing to serve as Personal Representative. There are several other forms as well that will need to be completed in order to open the Probate Case. All of the forms are available on the...
Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?
Thomas B. Burton's answer
You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was set up to hold the home and pay for the care and maintenance of the home while the children are minors.
You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was set up to hold the home and pay for the care and maintenance of the home while the children are minors.
Q: Can my landlord charge me for carpet cleaning? What about replacement if the carpet is 10 years or older?
Jason Anthony Greller's answer
Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit unless the cleaning is necessary as a result of damage, waste or neglect and is, therefore, something more than normal wear & tear.
It is acceptable to indicated in the rental agreement that...
Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit unless the cleaning is necessary as a result of damage, waste or neglect and is, therefore, something more than normal wear & tear.
It is acceptable to indicated in the rental agreement that...
Q: Do we HAVE to include our medical bills in a chapter 7?
Timothy Denison's answer
Yes. You must include ALL debts owed. You still may pay them voluntarily if you wish.
Yes. You must include ALL debts owed. You still may pay them voluntarily if you wish.
Q: If a knock and announce warrant was excuted without announcement is it still valid?
Brady R. Henderson's answer
In practical terms, the failure of officers to "knock and announce" does not usually mean that evidence taken or discovered from serving the warrant can be suppressed or excluded. The US Supreme Court took up this question in a case called Hudson v. Michigan, 547 U.S. 586 (2006), and affirmed that with rare exceptions, a failure to knock and announce does not allow a court to throw out evidence seized.
However, there are definitely many circumstances in which a failure to knock and...
In practical terms, the failure of officers to "knock and announce" does not usually mean that evidence taken or discovered from serving the warrant can be suppressed or excluded. The US Supreme Court took up this question in a case called Hudson v. Michigan, 547 U.S. 586 (2006), and affirmed that with rare exceptions, a failure to knock and announce does not allow a court to throw out evidence seized.
However, there are definitely many circumstances in which a failure to knock and...
Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote
1 Answer
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Gov & Administrative Law, Public Benefits and Family Law
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Answered on Mar 18, 2019
Answered on Mar 18, 2019
Brady R. Henderson's answer
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.
If things have...
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.
If things have...
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