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Wisconsin Questions & Answers
1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How can I get having ignition interlock removed from my court order seeing I already did it?

I was a MI resident and got a DUI in a neighboring WI town in 2011. My license was revoked and then I had interlocking ignition installed with a restricted license. I got my MI license fully reinstated. Now 8 years later moved to WI and they want me to put interlocking ignition on my car for... Read more »

Walter A. Piel
Walter A. Piel answered on Oct 18, 2019

There are steps you must take to satisfy the requirements Wisconsin imposed at the time of the conviction. I would need further information regarding the length of time Wisconsin ordered the Ignition Interlock Device to be installed vs how long Michigan required the device on your vehicle to... Read more »

1 Answer | Asked in Medical Malpractice for Wisconsin on
Q: Is it legal, and/or usual for doctors and surgeons to pay lawyers, to not take legal action against them?
Tim Akpinar
Tim Akpinar answered on Oct 17, 2019

A Wisconsin attorney could best answer your question, but it remains open for two weeks. Ordinarily and more commonly, the doctors' and surgeons' malpractice carriers pay such money. And technically, that money goes to the claimant who has standing to bring an action. The lawyer is paid for legal... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is it legal to rent out your house if you've filed bankruptcy
Timothy Denison
Timothy Denison answered on Oct 16, 2019

Theoretically, no, not without the permission of the trustee bc the home is part of the bankruptcy estate.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can you transfer your half ownership in a house to the other half owner with a quit claim deed or a title transfer?

In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.

Jason Anthony Greller
Jason Anthony Greller answered on Oct 15, 2019

Yes, you may transfer an interest with a quit claim deed although that might not be the safest way to handle this matter.

Anytime someone is paying money for an interest in property they are well advised to obtain a Warranty Deed and a title insurance policy - even in transactions between...
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1 Answer | Asked in Elder Law for Wisconsin on
Q: I am disabled per Social Security, own a home with my mother - tenants in common, and we want to sell it.

She has been in nursing home since April, on medicaid since May,

and plan to move back to CA after the house is sold. Will this cause any problems with medicaid?

Thomas B. Burton
Thomas B. Burton answered on Oct 14, 2019

If your Mother is currently receiving Medicaid benefits, you should examine the Medicaid application she submitted when she first qualified for Medicaid. The application should list the home in which she owns an interest as a tenant in common. If you and your Mother own it together and if your... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We gave our tenants a 30 day notice. Now they are refusing to pay this months rent. Can we give them a 5 day quit notice

So can we ask them to get out in five days?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Oct 14, 2019

Yes. If they are a month-to-month tenant, §704.17, Wis. Stats., allows you to give either a 5-day or 14-day notice for failure to rent. If they are under a lease for one year or less, §704.17(2), Wis. Stats., allows you to give them a 5-day notice to pay or vacate. No prohibition against... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is a title company required to provide copies of the signed closing documents to the seller?

We closed on the sale of our home but we never received any copies of the documents we signed at closing. The title company is ignoring our request. Can they do that?

Jason Anthony Greller
Jason Anthony Greller answered on Oct 10, 2019

I've never heard of a title company not providing copies of signed documents to the Seller. You are entitled to a copy of every document that you signed. You are not entitled to a copy of loan documents signed by Buyer.

1 Answer | Asked in Civil Rights and Real Estate Law for Wisconsin on
Q: have house with ex boyfriend, both names on the house and deed, forced me out six months ago, legal advice get house

He has stopped paying the mortgage and is a month behind, how do I legally obtain my house back? I am also the main borrower on the house loan, but both of our names are on the deed. He also stopped paying his half of the loan payments.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

You most definitely need a lawyer.

If you also own the house, I cannot understand how he FORCED you out

1 Answer | Asked in Collections for Wisconsin on
Q: I was given false information from my debt collection company and advised to drop a collection due to the other law firm

telling my attorney I was deceased. I was told I should drop them for now and we could add them in later. Now I am being garnished by this collection at a higher price then the agreed settlement amount. Do I have any stance to go after my debt assistance company?

Nathan DeLadurantey
Nathan DeLadurantey answered on Oct 1, 2019

It is hard to say based on your question; but it certainly sounds like you may have a case. I would recommend you get a free phone consultation with a Wisconsin consumer lawyer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will I go to jail for writing bad checks in WI
Gary Kollin
Gary Kollin answered on Sep 29, 2019

not much info: no history, no number of checks, no amounts

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I-130 for my Mother

I am a US Citizen. I filed -130 for my mother who is in the US currently under a B2 Tourist visa. Does she have to leave the US if I don't hear back from USCIS by the time her stay in the US expires (she has a 10 year-visa but can only stay 6 months at a time)?

Stephen Arnold Black
Stephen Arnold Black answered on Sep 28, 2019

Does she wish to reside her permanently? Are you over 21? What was her intent upon entering the USA on her last arrival? More facts are needed to know. Discuss with counsel. Some of us give free consults and counsel anywhere in the US can represent your mom.

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1 Answer | Asked in Insurance Bad Faith and Small Claims for Wisconsin on
Q: Insurance will only pay me 50% of my damages because the other driver intentionally brake checked me. How is that fair?

The police have received both of our statements where both sides state that he brake checked me intentionally. The insurance knows this and told me that because he intentionally tried to cause an accident they will only pay for half of my damages.

Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

It does seem unfair. You could consult with a Wisconsin attorney. There is no mention of injuries, and I hope you were not injured. But keep in mind that if the claim is purely property damage, an attorney might not be able to handle it on at a typical contingency fee arrangement generally applied... Read more »

1 Answer | Asked in Car Accidents for Wisconsin on
Q: Can i sue for damages for auto accident if other person was at fault

I was in an car accident, i was not at fault. The other driver who was at fault was at fault cause she failed to yeild right of way. Now her insurance wants to only be liable for 60% of the outcome then there adjusters came and looked vehicle and the cost of repairs is more the what the car is... Read more »

Emmanuel Muwonge
Emmanuel Muwonge answered on Sep 27, 2019

Yes you may sue for damages because you were not at fault. The only issue I would be concerned about given the facts as laid out is whether or not you were speeding. That would be relevant because, when speeding, you forfeit the right of way you otherwise may have had. The right of way is not... Read more »

2 Answers | Asked in Probate for Wisconsin on
Q: Can an estate be divided by children and living spouse through probate if there was no will?

My mother passed away and my father is mentally disabled (he does not have a guardian, us kids have been taking care of him). The only asset she had was the house. The house is in both of their names. I am wondering if it is possible to for the estate to be divided up by us three kids and my father... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 25, 2019

It does depend on how the deed is worded but if a probate is required and her children are all your dad's children too, then your dad will get your mother's entire estate. Then when your dad dies, if he too has no will, the children will inherit everything in equal shares.

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2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Am I obligated to purchase a property if it fails sewer and well inspection even if they agree to fix it?

The down payment has been made and the sale was contingent on sewer and well, and we no longer want it

Jason Anthony Greller
Jason Anthony Greller answered on Sep 22, 2019

The answer to any contract question requires a review of the contract.

Assuming that well and septic contingencies are included in the offer then your rights are set forth under the contingencies. If the contingencies grant the Seller the "right to cure", then the Seller may cure the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: I have sole custody / primary placement. Can I move out of WI or will I need to get permission?

We were never married, current orders only state visitation details. Dad is to submit to me monthly drug test results in order to see child..he has been out of jail since March of 2019 has not given me any results or complied with order. Dad spent 3 years in jail on for felony gun and drug charges.... Read more »

David N. Iancu
David N. Iancu answered on Sep 20, 2019

That depends on what your current orders say. The laws on removal are complicated and were recently changed. I strongly recommend seeking advice of counsel before doing anything in this case.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a late fee be assessed on rent prior to 5 day grace period in Wisconsin?
Jason Anthony Greller
Jason Anthony Greller answered on Sep 17, 2019

There is no statute, regulation or Wisconsin case that prevents a landlord from charging a tenant a late fee for failure to pay rent on time.

A landlord can only charge a late fee if it is specifically authorized in the rental agreement. See Wis Admin Code § ATCP 134.09(8).

1 Answer | Asked in Civil Rights for Wisconsin on
Q: Hi there I feel I was wrongfully issued a trespassing ticket.

I was in a bowling alley around 9 p'cl9ck and asked to leave in a shouting violent matter by the female bartender. I left immediately and an officer was outside on the premises. I told him I was never asked to not come in there, in fact the manager told me I was welcome for food. I was issued a... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 17, 2019

You may file a complaint against the police department. The department should have an internal review mechanism. I will warn you, however, that that is unlikely to produce a satisfying outcome. Similarly, you can file a complaint against the bowling alley with its management. As with the police... Read more »

1 Answer | Asked in Business Law for Wisconsin on
Q: Is there any law stating an employee be allowed to see his/her contract?

I have a contract with my employer, but every time I ask for a copy of it I just get an excuse why he can’t do it. Are employees allowed by law to see his/her contract whenever they choose?

Tim Akpinar
Tim Akpinar answered on Sep 13, 2019

You posted this in Business Law, a logical choice, but that might be why it hadn't been picked up by an employment law attorney, who is really the person you want input from. You could repost and add Employment Law as a category. As a general legal premise for all areas of law, the practice of... Read more »

1 Answer | Asked in Civil Rights for Wisconsin on
Q: Can my neighbors security camera point into my window on the side of my house?

The camera captures the side of my house pointed directly in my kitchen windows.

Gary Kollin
Gary Kollin answered on Sep 8, 2019

Yes

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