Wisconsin Questions & Answers

Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.

1 Answer | Asked in Bankruptcy, Divorce and Business Law for Wisconsin on
Answered on Oct 20, 2018
Timothy Denison's answer
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...

Q: I closed on 9/14/18, carpets in finished basement were soaked and house has foundation leaks. They didn't disclose this.

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Oct 19, 2018
Jason Anthony Greller's answer
This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in Madison WI at the Stroud firm. He does a lot of this work and is good at assessing your claims.

Q: Am I liable for the repair that I didn't know after close?

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Answered on Oct 19, 2018
Jason Anthony Greller's answer
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.

The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your condition report. You can argue that this is not a condition that affects the property but the buyer will argue the opposite. The concern here for you is that the property manager seems likely to testify...

Q: My security deposit was witheld for carpet damages. The damages were not significant enough to replace the entire carpet

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Oct 19, 2018
Jason Anthony Greller's answer
You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may not be withheld for normal wear and tear. If a court concludes that the damage is beyond normal wear and tear AND that the damages were significant enough to replace the entire carpet, then the landlord would be...

Q: what is statute of limitations on credit card debt. Last used 2010. Wanting payment in full 2018

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Oct 16, 2018
Nathan DeLadurantey's answer
It's 6 years from the time of default. However, you may be liable for the debt incurred by your wife. Call a consumer lawyer in Wisconsin and get a free consultation.

Q: How do I get a satisfaction letter from a plaintiff that is no longer in business???

1 Answer | Asked in Civil Litigation for Wisconsin on
Answered on Oct 12, 2018
Nathan DeLadurantey's answer
You're going to need to file a motion with the court. You will need to explain (and show) how the plaintiff is no longer in business and that the judgment should be listed as satisfied. You may want to retain a lawyer to help you, as you are going to need to file a number of different documents with the court.

Q: I received a letter from immigration denying my naturalization that was filed in 2016. Need a lawyer to discuss specific

2 Answers | Asked in Immigration Law for Wisconsin on
Answered on Oct 11, 2018
Peter Munsing's answer
First, do what you can to stay in and get an honorable. Check with JAG corps on that. For immigration, you want to connect with a member of AILA in Madison.

There is a type of therapy called EMDR that is good for anxiety and any PTS you may have from harassment. If there are support groups for troops that have those issues, formally or informally, might also be a good stress reliever and give you emotional resources. Good luck!

Q: Are Buyers required to share a copy of the inspection report with the Seller?

2 Answers | Asked in Real Estate Law for Wisconsin on
Answered on Oct 11, 2018
Vincent Gallo's answer
Not in New York but if a purchaser wants a credit or repairs done, the report is the strongest evidence to support his or her entitlement.

Q: Can a police officer keep people out of their home while they wait for a search warrent?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Oct 8, 2018
Gary Kollin's answer
Yes. Illinois v. McArthur. US Supreme Court in 2000

Q: Can a irrevocable trust be used by a legal guardian of parent in nursing home?

1 Answer | Asked in Estate Planning for Wisconsin on
Answered on Oct 3, 2018
Thomas B. Burton's answer
If your question is whether the legal guardian can access the trust funds, it depends on whether the legal guardian is also the person named as trustee in the trust. If they are named as trustee then they will have the power to access and manage the trust funds for the benefit of the trust beneficiaries. You will have to look at the text of the trust document to see what the exact terms of the trust say. Usually these types of trusts are set up for the benefit of the settlor (the person who...

Q: Can someone get off running down there mother in Hawaii and pretend its the doctors fault

1 Answer | Asked in Criminal Law and Wrongful Death for Wisconsin on
Answered on Oct 2, 2018
Peter Munsing's answer
People are found not guilty for many reasons. There aren't enough facts to answer this, and also any answer would be hypothetical because what matters is what the DA thinks they can prove--and what they can't.

Q: I'm looking for a lawyer/law firm that will file the paperwork for a chapter 7 bankruptcy once filing fees are paid...

1 Answer | Asked in Bankruptcy for Wisconsin on
Answered on Sep 28, 2018
Timothy Denison's answer
Check with your local bar association or a Legal Aid for a list of bankruptcy attorneys.

Q: Why would anyone use an irrevocable trust as part of their estate plan?

1 Answer | Asked in Estate Planning for Wisconsin on
Answered on Sep 25, 2018
Thomas B. Burton's answer
There are many reasons to use an irrevocable trust, but here are two quick ones. One, an irrevocable trust can be used to remove assets from your taxable estate, so if you have an estate that exceeds the current estate tax exemption levels ($11.18 million per person) you may want to use an irrevocable trust to transfer wealth to future generations. Second, irrevocable trusts are also used for asset protection purposes, such as when you want to engage in Medicaid Planning or other forms of asset...

Q: If someone has suffered major personal setbacks (loss of car, job,power at the house) and was diagnosed with depression

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Sep 23, 2018
T. J. Jesky's answer
There are many side effects to Zoloft, and I am believe depression may be one of the side effects. However, shoplifting is a not a side effect Zoloft. It might help provide an explanation; however, it does not negate the shoplifting charge. You should find a local attorney in your area to help you fight this charge.

Q: I am looking at the vilas county recording website and in there it says GTR/E, what does that mean

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Sep 22, 2018
T. J. Jesky's answer
Most likely GTR/E, can be either the Grantor or Grantee, based on whether or not is was the seller or buyer. The grantor is the person/entity who grants (sells) their property to another. The Grantee is the person acquiring (buying) the property. This is just an abbreviation to designate who transferred or accepted the transfer of the real property.

Q: Was involved in a small boat accident -- will my homeowner's cover it?

1 Answer | Asked in Personal Injury for Wisconsin on
Answered on Sep 22, 2018
T. J. Jesky's answer
Homeowner’s insurance might provide insurance coverage for these injuries. However, not all boat owners have boating insurance coverage through their homeowner’s policy. Your might or might not be able to file a claim against your own homeowner’s insurance for this type of injury. The next question, was whether or not negligence was the cause of the accident.

This is to easy, call your homeowner's insurance agent, and ask if this is covered by your policy.

Q: What is the legal definition of an “undocumented alien”?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The agency probably assumes he is undocumented because you didn’t submit his SS#. If he is a permanent resident, he is a legal alien.

It is hard to say what the agency wants. Your best bet might be to go the office with which you are working or write a letter to explain the situation.

Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Answered on Sep 12, 2018
T. J. Jesky's answer
Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

Q: My husband and I have been married for 23 years he filed for divorce he makes $68,000 p/yr

1 Answer | Asked in Divorce for Wisconsin on
Answered on Sep 12, 2018
T. J. Jesky's answer
With 23 years of marriage, you are entitled to more to a hefty divorce package. First, you are still entitled to all of the money he took out of the joint account. Since you are still married, he is required to pay for your essentials, e.g., housing, food, healthcare, etc.

Don't worry if you do not have funds to hire an attorney. I am sure that there are many attorneys in Wisconsin who will take your case. Your husband will be required to pay your legal fees. Let me suggest you...

Q: I'm a US citizen who wants to marry my fiance in the US. Fiance is Indian Citizen but is living in Spain illegally.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 12, 2018
Hector E. Quiroga's answer
Sometimes that is possible, though the fact that your fiancé is not in Spain legally might impact his case. You might try contacting visasmadrid@state.gov to find the answer.

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