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Wisconsin Questions & Answers
1 Answer | Asked in Estate Planning for Wisconsin on
Q: Can I sign Wisconsin Power of Attorney documents, as the alternate agent, 9 years after they were drafted?

Power of Attorney documents were drafted for my father, with my sister and I listed as primary and alternate agents. I was living out of state when they were drafted, and didn't sign them, but everyone else did. Also, my address and phone number listed in the documents are not current.

Thomas B. Burton
Thomas B. Burton answered on Sep 18, 2020

Hello, I cannot be certain without examining the document completely, but it sounds like you are talking about the line on the document where sometimes the Agent signs to acknowledge that they have been named as Agent (usually somewhere after the principal's signature). I know at my office it... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Is it possible to get an Ignition Interlock device removed early?
Walter A. Piel
Walter A. Piel answered on Sep 17, 2020

The Wisconsin Department of Motor Vehicles will not allow an Ignition Interlock Device to be removed early. Based on your driving record and the time period imposed by the Court, the DMV will enforce and monitor the time period you are required to have the device in your vehicle and the time period... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My old company Brigg's & Stratton filed chapter 11 and do I need to file a claim for my 401K and pension money?

Briggs and Stratton filed chapter 11 and now I have received Form 410 (proof of claim). Do I need to fill this out to make sure I get my pension money at 65? Pension is run by Brigg's. What about my left over 401K money.

I have not work at Briggs since 2009 so 401K is a stand alone... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Yes. Fo@e a proof of claim.

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Does an expedited appeal mean once everything is filed it goes to the top of the list for the court to decide
Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

No, usually an "expedited" appeal is for a certain class of cases: adult guardianship, juvenile guardianship, child custody, etc. And it usually means that the deadlines for the transcripts, the record, and the briefs have been shortened-- so that the case will move along faster.... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on
Q: My Aunt does not have any children and wants to leave money to me. I have a trust for my children.

She wants to leave the money she has to my trust and not spend more money on one of her own. Can she do this? Can someone leave assets to a trust where they are not the grantor?

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2020

This is a very interesting question. While it might be possible for her to leave a bequest to your trust, for tax reasons, it might not be desirable. I think you should examine carefully what type of assets she wants to leave to the trust, and the language of your own trust with an experienced... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughters father wants to sign his rights over but I don't have a significant other to take over his rights.

My daughters father wants to sign his rights over but I don't have a significant other to take over his rights. Can a family member of mine take over his rights? Or do I have a significant other take over his parental rights?

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Can an ex wife ask the father to sign off on receiving child support if the father moves out of school district?

She pays me child support and we have 50/50 placement, 1 week with her and 1 week with me. Still live within 20 miles of each other but she wants me to sign off on her paying child support because we’re not in same school district. My kids school is only 15 minutes from where I currently live and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

This does not make sense. Child support is not dependent on which school the children attend unless she is paying private school tuition as an offset or you are not going to take your court ordered periods of placement.

1 Answer | Asked in Banking for Wisconsin on
Q: My boyfriend cashed an insurance check that was made out to he AND I. Is that legal? We live in Wisconsin.

It was a car accident that totalled our car. His name on title, we were both insured. Am I entitled to some of that? We lived together for 14 years. Everything got put in his name. I also contributed to the purchase of the house. We have separated since the accident.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 4, 2020

If the check was made payable to both of you and the word "AND" was between both names, there is no question that the check was made payable to both and both signatures should be required. There might be some exceptions. For example, if you had a joint bank account and the terms and... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I change my last name at 17
Jane E. Probst
Jane E. Probst answered on Sep 3, 2020

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Hi and thank you for your help. My ex-husband has sole custody and has kept my 2 girl (7 & 11 yo) for over a month now.

He has taken away 4 visitation days and will not have any communication with me at all. My question is can I have him arrested for kidnapping when it is my visitation time and he refuses to not let me have time. We do have court documents that state whose date it is but he will not go by the court... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 31, 2020

If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Placement has not been done but the father has children 90% of the time. Can he get child support?

Father has a good job and pays health insurance for kids and mother as they are separated not divorced. Mother does not work or take the kids more than 2 days a month

Jane E. Probst
Jane E. Probst answered on Aug 27, 2020

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I'm buying a duplex that has a month to month. When am I able to communicate with the current tenant?

I'm looking to provide 28 day notice so I can move in and owner occupy.

Matthew Williams
Matthew Williams answered on Aug 27, 2020

Nothing keeps you from communicating with them whenever you want. You can't give them notice until you actually own the place though.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Is there a form that would allow me to deny any money willed to my children by their grandparents?

Is there a form (like a pre-nup) but a "Post-nup" per say that I could fill out stating I don't want any of my husbands money if he should pass and it should go to our kids?

Thomas B. Burton
Thomas B. Burton answered on Aug 26, 2020

If/when your husband passes away you can work with an attorney to complete a disclaimer, and if your children are the next named beneficiaires in the Will or Trust it would go to them. If your husband is still alive, you could have him alter his estate planning documents now to accomplish this... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can a restaurant take 20% of my tips to give to the kitchen staff or to other tipped servers that work “bad” shifts?
Rhiannon Herbert
Rhiannon Herbert answered on Aug 26, 2020

The Fair Labor Standards Act ("FLSA") is the federal law governing tip pooling agreements. While tip pooling is generally permissible, your employer can only require you to pool your tips with other employees who customarily receive tips (for example, other servers or bartenders). Your... Read more »

1 Answer | Asked in Libel & Slander for Wisconsin on
Q: If the court slanders your namePuts a bad name on you
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

Unless this involved something aboard a vessel, there didn't appear to be an element of maritime law. Nonetheless, in terms of slander (or libel), there are certain privileges, one of them being court proceedings. That could mean things said in the course of a trial might be immune from legal... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a real estate lawyer help me with rent to own property

The process

Thomas B. Burton
Thomas B. Burton answered on Aug 25, 2020

If you are buying a property on a land contract, I recommend you have it prepared or reviewed by your own attorney before entering into such a contract. Often these types of contracts can favor the drafter (the person preparing the contract) so if you are considering entering such a contract it is... Read more »

1 Answer | Asked in Contracts and Municipal Law for Wisconsin on
Q: What is the difference between a Request for Proposal and a Bid? Which should come first regarding a fire station build?
Tim Akpinar
Tim Akpinar answered on Aug 19, 2020

A Wisconsin attorney could advise best, but your post remains open for two weeks. In general and basic terms, a Request for Proposal is meant to solicit a Proposal from contractors. As for the Bid, to solicit those, a business may use an Invitation to Bid. If you're talking about a fire... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: If I give a two-week notice to my employer, can they turn around and fire me and not pay me out for my vacation days?

I live in Wisconsin, and I am not part of a union.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 19, 2020

Once you put in your two weeks' notice, your employer is not required to wait until the two weeks are up to terminate your employment. Whether you are entitled to your vacation days likely depends on the policy set forth in your employee handbook. If your handbook states that unused PTO will... Read more »

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... Read more »

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