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Wisconsin Questions & Answers
1 Answer | Asked in Divorce for Wisconsin on
Q: Will my wife receive the majority of the equity in our house? We live in Wisconsin.

Been married for 8yrs. Together for 15yrs. House was purchased and lived in by both of us for the last 13yrs. The title and mortgage was in her name initially due to my less than stellar credit at the time of purchase. We have since refinanced the home and both names are now on the mortgage and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 27, 2021

If you have refinanced the mortgage in both of your names and made mortgage payments during the marriage, it has become a marital asset.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How necessary is submitting school, religious, DNA, and census records in the last section of the I-130 (filing online)?

Also, is this for me, the petitioner, or is this for the beneficiary? The instructions on the online form aren't very clear. I keep getting error messages saying, "You should provide evidence. If you do not provide evidence, your petition processing may be delayed."

My wife... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 23, 2021

We tend to recommend filing paper submissions only retaining a copy in the file for housekeeping and accountability reasons. But even generally we do not include only required submissions that do not confuse the processing officer.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: My mother has dementia and no one to take care of her in Puerto Rico. I want to bring her to Wisconsin

What can I do? She apparently has a joint account with her partner that is hospitalized and will likely end up in a nursing home by his kids. We have no information about where anything goes as his family took that over.

Thomas B. Burton
Thomas B. Burton answered on Sep 17, 2021

Hello I am sorry to hear about this situation with your Mother. If she has a joint bank account with another person, then generally here in Wisconsin the last surviving person ends up as the owner of that account. In Wisconsin it is possible to name a "Payable on Death" or... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Milwaukee Divorce. I have a trial upcoming via zoom and I am outside the US. Do I need to be on US soil for the call?

This is a zoom call trial.

Jane E. Probst
Jane E. Probst answered on Sep 15, 2021

It is not necessary for you to be in the United States during a zoom hearing. You will simply need a reliable internet connection.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Do part-time jobs have to be included in the employment history section in the I-130A?

My wife didn't keep careful records of her employment, especially the part-time jobs she had prior to me coming to China.

China measures part-time and full-time differently it seems. In the US, 36-40+ hours is considered full-time, whereas part-time is anything less than that. In... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 9, 2021

ALL employment should be included.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
Jane E. Probst answered on Sep 6, 2021

The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your... Read more »

1 Answer | Asked in Personal Injury and Constitutional Law for Wisconsin on
Q: How much time do first degree reckless conduct regarding of life carry
Tim Akpinar
Tim Akpinar answered on Aug 24, 2021

A Wisconsin attorney could advise best, but your post remains open for four weeks. Personal injury attorneys are not likely to know this - you could repost under Criminal Law. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Wisconsin on
Q: I’m wondering if I have a lawsuit on my hands.

I am currently employed with a manufacturing company. I recently injured my back. At the moment I was required to lift ten 52 pound boxes from ground level (this is against their policy 52 pound boxes aren’t supposed to be at ground level.) In the process of moving the last box and standing up... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 17, 2021

Do you have a lawsuit on your hands? This is something a Wisconsin attorney could answer best, but your question remains open for two weeks.

It looks like you have a workers' comp case on your hands. In terms of a lawsuit, as in a personal injury case, I don't see one. Your...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: If Bond conditions state there's a no contact between two people can the person who is not on bond still send messages?

I'm on bond it states that I cannot have contact with a person or their residence, but they continue to message me multiple times a day. Is this legal

Sarah Schmeiser
Sarah Schmeiser answered on Aug 10, 2021

Yes. If you are on bond for a crime and the Court orders you to have no contact with someone you are the one constrained, the other person is not. However, if there is an issue with this contact and you want it to stop, you may be able to take other action such as requesting a restraining order... Read more »

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1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I go about getting custody of my 16 year old child if her father threw her out of the house

And then her father called her in as a runaway

Jane E. Probst
Jane E. Probst answered on Aug 2, 2021

You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.

1 Answer | Asked in Consumer Law and Personal Injury for Wisconsin on
Q: Is there a class action for use of the OGX Shampoos/Conditioner irritating the scalp & making hair fall in WI also?

I have been using the OGX products on my hair. I have a variety of them that I use. I have been wondering why my scalp is itchy and why I am losing hair. It clogs up my vacuum, that is how much hair I’ve been losing. I also have seen clumps in the shower. And every time I brush or comb my hair,... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 2, 2021

A Wisconsin attorney could advise best, but your question remains open for three weeks. One option is to go online and research firms handling cases for the products you mention and contact them to determine the current disposition of whether they are still handling cases. Firms that handle... Read more »

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Entered into a doomsday with mortgage company, they claim they didn't get payments. Judge granted relief from stay with

No 14 day appeal period staying the order. Can I still appeal?

Timothy Denison
Timothy Denison answered on Jul 31, 2021

Yes.

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1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: Rights as Limited Term Employee for wrongful termination

I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... Read more »

1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
Nina Whitehurst answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Wisconsin on
Q: How do I ask the Family court commissioner to remove all non parties from the court room?

My ex and I have a placement modification hearing coming up. He will be bringing people with him. I know it can be done, but how do I ask that all non parties please be excused from the courtroom?

Jane E. Probst
Jane E. Probst answered on Jul 23, 2021

Unless it is a paternity hearing, many of these hearings are public hearings. You can object to the people being in the courtroom, but it is within the discretion of the Commissioner to ban them. You could raise the issue that these people are likely to be called as witnesses at a trial and... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

1 Answer | Asked in Probate for Wisconsin on
Q: My husband passed away 18 months ago, without a will. We were married almost 21 years. We bought a mobile home in

We bought a mobile home only his name was on the title. I'm trying to sell the house now but was told by the realtor to contact a probate lawyer to see if I have the right to sell. The mortgage company has me sign a form starting I would be taking over the mortgage

Thomas B. Burton
Thomas B. Burton answered on Jul 15, 2021

Hello, I am sorry to hear about the passing of your husband. If his name alone was on the title, then you may need to pursue a probate court action to get the mobile home titled in your name before you can sell or transfer title. If the total probate assets held in your husband's name are less... Read more »

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