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Wisconsin Real Estate Law Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Real Estate Law for Wisconsin on
Q: How to obtain withheld documents for life insurance claim in Wisconsin?

My grandmother passed away, and she had life insurance policies with AMC Kenosha and Globe Union. Her wish was for her granddaughter to use the benefits for a better quality of life. However, my aunt is withholding the death certificate and attorney information needed to collect the policy.... View More

Anthony M. Avery
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answered on May 10, 2025

Whatever is on the designation of beneficiaries is her wish. If you think granddaughter is the beneficiary, then get a death certificate and make a claim on the policy with the carrier. If no results, sue the carrier for bad faith breach of contract.

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2 Answers | Asked in Construction Law, Personal Injury and Real Estate Law for Wisconsin on
Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?

I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a WI quiet title , if you sent Complaint and it's been served by Sheriff's Office but forgot summons, what do you do?

Is it necessary to send it?

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answered on Feb 11, 2025

Unless the Complaint and Summons was served on the defendant, no service occurred. You will need to pay for another Complaint and Summons to be served on that defendant, who is now aware of the suit and will probably avoid service.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a Quiet Title Action, in WI, should you try mailing a quit claim deed before the defendant has given a response?
Anthony M. Avery
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answered on Feb 11, 2025

I assume you are trying to settle the case. If so, you could write a letter to the defendant about what you are trying to do, and that execution and delivery of a proper quit claim deed will resolve the legal issues as to that defendant/grantor. You may wish to voluntarily dismiss the case as... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Estate Planning, Tax Law, Real Estate Law, Nursing Home Abuse and Personal Injury for Wisconsin on
Q: Should I sell my home or use a land contract for tax benefits?

I was recently moved to an assisted living facility, and I'm considering selling my home or setting up a land contract with my grandson, who's interested in acquiring it. The property is in good condition and has no existing mortgage. My main concerns are minimizing taxes on the income... View More

James L. Arrasmith
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answered on May 23, 2025

Your decision between an outright sale and a land contract arrangement with your grandson involves significant tax implications and future care considerations that merit careful analysis. You may qualify for the Section 121 capital gains exclusion of up to $250,000 (or $500,000 if married filing... View More

1 Answer | Asked in Probate and Real Estate Law for Wisconsin on
Q: Can a life estate holder sign off their rights in Wisconsin after moving out?

My father passed away in December and had a life estate will that allows his wife to live in the house until she either dies or moves out. She is moving to her own apartment and has stated she will not pay any bills or taxes associated with the house, even though the paperwork indicates it is hers... View More

Anthony M. Avery
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answered on May 23, 2025

Was the Will probated? If not, it had no effect. If probated, then hire a WI attorney to draft a deed from the life tenant over to the three remaindermen. Record it and take possession. Someone has to pay taxes, note, insurance.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Wisconsin on
Q: Could a judge void my photographic evidence of apartment damages if I didn't return the check-in sheet?

When I moved into my apartment, I was given a check-in sheet for damages, which the lease stated I had to sign and return within seven days. I did not return the sheet, but I took pictures of all the damages on the first day of move-in, which included cracks in corners and an oven with no visible... View More

James L. Arrasmith
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answered on May 15, 2025

No, a judge is unlikely to completely disregard your photographic evidence just because you didn’t return the check-in sheet. While returning that form helps protect you and strengthens your case, courts often consider other credible forms of evidence—especially time-stamped photographs taken... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Wisconsin on
Q: How to remove unauthorized occupant after tenant's death?

We had a tenant who lived in our property for over 50 years and passed away in February. We gave the family 60 days to clear his belongings, with a deadline of April 15, 2025. However, the tenant's granddaughter, who was not allowed on the premises during the tenant's life, has moved in... View More

James L. Arrasmith
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answered on May 15, 2025

You're dealing with a difficult and frustrating situation, especially after trying to give the family time and space to handle the tenant's passing respectfully. Unfortunately, once the granddaughter moved in without permission and refused to leave after the deadline, she became an... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Wisconsin on
Q: Tenant threatens to sue for unjust enrichment over lease option to buy.

I am facing a legal dispute with my tenant, who entered into a lease option to buy my property. They are threatening to sue me for unjust enrichment, claiming they made unauthorized repairs to the property, and now demand a lower purchase price. Our contract clearly states the property is sold... View More

James L. Arrasmith
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answered on May 15, 2025

You’re in a difficult but not uncommon position, and it sounds like your lease option agreement was written to protect you. If the contract clearly states that the property is being sold "as is" and that no repairs or modifications are to be made without written permission, your... View More

1 Answer | Asked in Landlord - Tenant, Constitutional Law and Real Estate Law for Wisconsin on
Q: Can I record audio in my Wisconsin home without roommate's knowledge?

I have a roommate in my private home that I own in Wisconsin. I suspect that my roommate is plotting against me to have me removed from my home, as there have been many behaviors indicating this, and others have told me about her plan. I am considering recording audio in common areas like the... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to be cautious, especially when trust in your own home starts to break down. In Wisconsin, audio recording is covered by what’s called a **"one-party consent"** law. This means it’s legal to record a conversation **as long as one person involved in the conversation... View More

1 Answer | Asked in Business Law, Business Formation and Real Estate Law for Wisconsin on
Q: Is my house at risk if my son uses my address for his LLC?

I own my home, which is solely in my name. My son uses my address for his LLC business, which currently has no financial issues, and there are no formal leases or agreements for him using my address. Given these circumstances, am I liable if anything happens to his business, and could my house be... View More

James L. Arrasmith
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answered on May 14, 2025

Using your home address as the business address for your son’s LLC generally does not put your house directly at risk just because of that listing. The LLC is a separate legal entity designed to protect personal assets like your home from business liabilities, as long as proper separation is... View More

2 Answers | Asked in Bankruptcy, Insurance Defense and Real Estate Law for Wisconsin on
Q: What are my options with a car not repossessed after bankruptcy in Wisconsin?

I filed for Chapter 7 bankruptcy last May, which was discharged in July. I included my car in the bankruptcy due to high monthly payments and costly repairs, with about $4,000 recently spent on it. I owe $10,000 on an $11,000 loan from Carvana, but the car's value is around $6,000. Carvana... View More

Timothy Denison
Timothy Denison
answered on Apr 30, 2025

Return it to Carvsna or insure and drive it until you hear from them.

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1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Wisconsin on
Q: Am I allowed to repossess my own vehicle in Wisconsin?

I legally own a vehicle outright, with my name on the title. Someone else has possession of it, but they are not co-signers, co-owners, or in any agreement regarding the use of the vehicle. They have had it for a few months and have been ignoring my attempts to communicate about getting it back. Am... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can legally reclaim your vehicle in Wisconsin, but there are important legal boundaries to keep in mind. Even though you’re the titled owner, the law doesn’t allow you to simply take the vehicle back without following proper procedures. If you attempt to retrieve it without consent or... View More

1 Answer | Asked in Child Custody, Contracts, Landlord - Tenant, Family Law and Real Estate Law for Wisconsin on
Q: Can my girlfriend take our child without telling me where they are and my car registered in my name?

I have no formal custody agreements with my girlfriend, and she has taken our child without informing me of their whereabouts. She also took my car, which is registered in my name, despite our verbal agreement that it should only be used for work purposes. This is the second time she has done this,... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds incredibly stressful, and your concern for your child’s safety is completely valid. In Wisconsin, if there’s no formal custody order in place, both parents typically have equal rights to the child. That said, taking the child without telling you where they are—especially... View More

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: How to resolve a survey discrepancy for building compliance?

I hired a surveyor to determine the 25 ft line for building compliance on my property, but the crew conducted only a corner-to-corner survey, which wasn't my request. Their boss assured me they'd address any issues. I'm withholding payment until the specific survey I requested is... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is understandably frustrating, especially when you made a specific request and didn’t receive the service you expected. If the surveyor’s team performed a general corner-to-corner survey instead of marking the 25-foot building line you needed for compliance, then they didn’t... View More

1 Answer | Asked in Contracts, Construction Law and Real Estate Law for Wisconsin on
Q: How to cancel window installation if roof is leaking under contract?

I have a contract with a company for a new roof and windows, both of which are already paid for. The roof was installed late last summer, but it is leaking. I have contacted the company, and they are working on resolving the roof issue. However, they say I cannot cancel the windows, which have not... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a frustrating situation, especially after already paying in full. In Wisconsin, canceling a contract like this can be tricky if the windows were part of the same agreement as the roof, unless the contract includes specific cancellation terms. Since the roof is leaking and they’re... View More

1 Answer | Asked in Real Estate Law and Contracts for Wisconsin on
Q: What can I do if my co-owners want to occupy our jointly-owned cabin all summer?

My brother, his wife, and I jointly own a cabin that is not winterized, so it's closed from October until May. They plan to live in the cabin throughout the summer without discussing the matter with me, which is upsetting as we have always divided everything equally. My sister was once an... View More

Anthony M. Avery
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answered on Mar 11, 2025

All tenants in common have the same rights of title and possession. Outside of filing suit for a Partition Sale, no other legal actions are available outside of criminal complaints for assault, etc. (which you do not want).

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