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Wisconsin Questions & Answers
1 Answer | Asked in Bankruptcy and Tax Law for Wisconsin on
Q: Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

A collection company has filed 1099 C or cancellation of debt forms with the IRS on past due debts they claim are mine. They have never taken legal action against me, I talked with them once after statute of limitations expired, I have never acknowledged owing debt, I have never offered any... Read more »

Timothy Denison
Timothy Denison answered on Jan 28, 2020

Challenge them on your credit report as fraudulent and consult a debtors rights attorney about suing them.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Where can I find an attorney to create a revocable living trust for my wife and I?
Thomas B. Burton
Thomas B. Burton answered on Jan 24, 2020

The Justia Lawyer directory is a good place to start. I recommend looking for an attorney who focuses their practice on estate planning to provide you with the best advice possible in this area. You can review different attorney profiles and websites to find one that best fits your needs. In my... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Hello, My wife was wrongfully terminated and we are looking to see if we have a case with her previous employer.

My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my wife's... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: I was wrongful terminated on 6/27/19I've work in the same place 8yrs is it to late to look into doing something about it

Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.

3 Answers | Asked in Real Estate Law for Wisconsin on
Q: Do attorneys have to keep your files for a certain amount of time? What if they had something they never gave you?

Our attorney received a title in 2007 directly from another attorney and never gave it to us. He now says he no longer has the file.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Jan 14, 2020

Since you asked the question under the heading of real estate law, I presume that the "title" is a deed conveying an interest in a parcel of real estate. Lawyers are not required to keep files indefinitely. The best practice for lawyers is to set forth their file retention policy in their... Read more »

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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Is it normal to pay yourself a wage for working on the estate?

To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

You can do that if you all agree but keep in mind that by doing so you are converting tax free inheritance money into taxable ordinary income.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: The offer says buyer to pay appraisal fee. Title company made me, the seller, pay it at closing

They called it a "closing cost". I had offered to pay up to a certain amount of closing costs. What now? This is part of the cost of buyer getting a mortgage.

Thomas B. Burton
Thomas B. Burton answered on Jan 12, 2020

If the terms of the offer says the Buyer is responsible for the appraisal fee, then the Buyer should pay this cost. You should examine the offer to purchase carefully to be sure this is indeed what it says. It is possible the title company made a mistake in charging this amount to you instead of... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: I got an OWI and am underage. Will I lose my license? I live in Wisconsin.
Walter A. Piel
Walter A. Piel answered on Jan 9, 2020

The revocation will depend specifically on how you were charged. There are mitigating penalties if you are charged with an “underage” OWI as opposed to an “adult” OWI, for lack of better terms. You should call an attorney. Have your citation available. I do provide free consultations, if... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I spank my step child with a belt,and was charge with 948.03(2)(b) . What is the worse that could happen?

My step daughter had been disrespecting her mom,and I finally got tired of it. So I hit her with the belt 3-4 times. But she has been in and out of trouble for the last 2yrs,but the system won't do nothing to her.Now my other ? is,now that she has moved to Oklahoma with her dad. What are my... Read more »

Aaron W Schenk
Aaron W Schenk answered on Jan 7, 2020

This offense would be a class H felony, exposing you to six years in the state prison system and/or a $10,000 fine.

There are also many other consequences to becoming a convicted felon.

I highly recommend that you get an attorney on board as soon as possible.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Have Neighbor that took out line fence on property without my knowledge, now claims 20ft of my property.

He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.

Brian R. Zimmerman
Brian R. Zimmerman answered on Jan 6, 2020

You would have a claim against your neighbor for trespass and damages for removal of the fence if it was on your property. There may be additional damages for removal of trees.

The first step in these claims is usually to clearly identify the lot line through a survey that locates the...
Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Wisconsin on
Q: Am I entitled to review a police report prior to my court appearance? How do I obtain it?
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They usually won't give it to the client. And there is no way for them to find you and get it to you before your court appearance. The State will give it to your lawyer and he can let you read it.

1 Answer | Asked in Libel & Slander, Personal Injury and Workers' Compensation for Wisconsin on
Q: Hello my name is Jesse I was started on fire with break cleaner by my boss and a co worker no one wanted to help me

I left message after message with osha and lawyers but no one would help me I was started on fire with break cleaner and told the owner of the company and then I was let go just after (January of 2017)

Tim Akpinar
Tim Akpinar answered on Jan 2, 2020

I'm sorry for the ordeal you went through here. Unfortunately, considerable time has elapsed since these things took place. That might be the primary reason your post remains open all this time. You could try to arrange a brief consult with a Wisconsin attorney to discuss what could be done at this... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Granted a divorce and in the divorce decree was an order for the ex (who was granted the house).

Court order states that ex pays me a marital settlement in 3 months or the marital home goes up for sale and profits used to pay settlement. The house sits and the ex is incognito (currently has a nationwide warrant for no child support). He is off the grid. I want to get a court date for contempt... Read more »

David N. Iancu
David N. Iancu answered on Jan 1, 2020

This is an interesting and complex question. There are so many more details needed to give you an accurate answer. Strongly recommend consulting privately with an attorney so he/she can review your divorce judgment, financials, etc.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Wisconsin on
Q: when do you own something you buy from a store

for example if you buy a bottle of syrup from Target when is that bottle of syrup legally yours

Michael Doland
Michael Doland answered on Dec 24, 2019

This must be a trick question or extreme boredom. The product is yours when you pay the money and get a receipt.

2 Answers | Asked in Estate Planning for Wisconsin on
Q: My condo is in an irrevocable family trust and I am the trustee. My husband has died and what happens if I remarry?

I will have a name change and nothing in the trust addresses this.

Nina Whitehurst
Nina Whitehurst answered on Dec 23, 2019

The name change is not an issue. If it needs to be addressed at a future time in connection with the sale of trust property it can easily be done at that time. You should consult with an attorney before you remarry to make sure you understand the effect of remarriage on your rights under the trust.... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?

Thomas B. Burton
Thomas B. Burton answered on Dec 12, 2019

Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they listed... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How do I find a lawyer that can help me with my license and 3rd owi. When I live in Wisconsin but had an IL license?

I was recently stopped on a traffic stop during the stop they ran my name and found I was driving on a revoked drivers license. I have tried countless times to get my license back from the state of Illinois after my first OWI. Now I am facing a 3rd charge and really need a lawyer that can help me... Read more »

Walter A. Piel
Walter A. Piel answered on Dec 11, 2019

You will need an attorney who can help you navigate Illinois separate from your new charges in Wisconsin. My office would be happy to provide a consultation for the Wisconsin charges. We have an attorney we can refer you to to consult in illinois that also practices in DUI matters and working with... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: Dad passed with no will. Just received inheritance a month ago from my grandpa. Stepmom says it's all hers.

Stepmother said they were separated not legally though and has a boyfriend how can I get my grandfather's inheritance

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you can... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: Estate/Probate question. See below

My brother passed away unexpectedly a few days ago. He was in the process of completing a will but did not

complete it. He has two (2) estranged children. I does have assets (condominium/car). He made it known that he wanted me to handle all of his affairs in the event of his death and... Read more »

Thomas B. Burton
Thomas B. Burton answered on Dec 9, 2019

I am sorry to hear about your brother's passing. Unfortunately, if he did not complete and sign the Will before two disinterested witnesses, it will not be valid in the State of Wisconsin. Based on the facts above, it sounds likely he died "intestate" meaning his assets will pass according to his... Read more »

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