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Wisconsin Questions & Answers
1 Answer | Asked in Family Law for Wisconsin on
Q: Can the other parent get custody of child if this parent never had custody or is on the birth certificate
Jane E. Probst
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Jane E. Probst
answered on Jun 14, 2023

The other parent would need to file a petition to be adjudicated the parent of thie child.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: My fathers will reads, all his assets be split between his children evenly! One stock had a beneficiary. Split that too?

Does that stock get split also even though there's a beneficiary?? Beneficiary is my sibling. My father was taken to bank by said sibling and that's why his name is on the paper??

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

Stock Certificates do not have a beneficiary. The owner(s) name is listed. If stock lists another owner other that Father, then that person owns some interest, probably the entire stock. It is doubtful that Father died owning that stock, so it is an asset passing outside of the Estate.

1 Answer | Asked in Medical Malpractice and Personal Injury for Wisconsin on
Q: Joyous promised me the low dose ketamine treatment would be safe, it caused me psychosis and made my depression worse

do I have a case for a lawsuit?, this happened last year

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It is possible that you have a lawsuit if you suffered actual legally compensable injuries.

The FDA has approved a ketamine-based medication for depression which is administered as a nasal spray called esketamine (Spravato). It is only approved for adults who haven’t been helped by oral...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
answered on Jun 3, 2023

A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.

But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more...
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1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: On Feb 14th a child 8 years old got grandma's car keys. He put it in reverse and went thru my sliding glass window.

Grandma did not have car or homeowners ins at the time. My apartment was boarded up for 49 days. I had to live in complete darkness. He stopped the SUV 2 1/2 feet from where I was sitting. I didn't suffer physical damage but a lot of emotional distress. I am in the care of my Dr. Do I have a... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It appears that you have a straightforward case for the property damage. However, recovery is another issue, with the vehicle owner having neither auto or homeowner's coverage.... View More

1 Answer | Asked in Child Support for Wisconsin on
Q: Is child support taken from gross or net pay? I understand its calculated from gross. Where is it taken from?
Jane E. Probst
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Jane E. Probst
answered on May 22, 2023

It is calculated from the payor's gross pay.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Order states "7 day vacation in conjunction to the already scheduled 4 days." Is that 4 scheduled days PLUS the 7?
Jane E. Probst
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Jane E. Probst
answered on May 21, 2023

This is rather awkward wording. It appears that it would be seven days in addition to four days. This is surprising because most Marital Settlement Agreements state that you need to schedule your vacation over your scheduled weekend of placement.

1 Answer | Asked in Employment Law and Contracts for Wisconsin on
Q: I signed a contract that states if I quit I can't work for another company similar to there's with so many miles.

Will this hold up in court?

John Michael Frick
John Michael Frick
answered on May 19, 2023

It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.

The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: I got a lunch detention a couple weeks ago because I took the blame for my friend. He called someone the N-word.

My parents asked what happened. I told them that I took the blame for someone else’s actions. They said they would call the school, and if the principal said something different, I would be “Beat the sh*t out of me with a belt, until my a** was so red, that I couldn’t sit down.”

Todd B. Kotler
Todd B. Kotler
answered on May 12, 2023

You have not really asked a question so I will comment on what i think the implied question is.

If you legitimately are afraid that your parents are going to beat you up that would fall under the category of domestic violence menacing. You should report that to your school counselor....
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1 Answer | Asked in Family Law for Wisconsin on
Q: Can I go after my ex for more support if he is in probate and expecting an inheritance?

Wisconsin can a modify support

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 5, 2023

An inheritance is considered separate property and not for maintenance. I

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Wisconsin on
Q: 17 yr old child punched in face at school by a 16 yr old. on camera

Principle has mediated multiple times before and even told 17yr old to not fight back if something ever happened. After battery incident 16yr old was ticketed by schools SRO and suspended by school. a day after incident the 16yr old then went to instagram to brag, write more threats of harm and... View More

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

What negative impacts is this having on the 17 year old? Is this effecting his access to the curriculum? IS the bullying occuring due to belonging to a protected class? File the report regardless and file a report against the principal and SRO for their failure to protect the 17 year old.... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, a neighbor is planting trees right along the property line. Can I trim what hangs over my property?
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can trim the tree branches that overhang your property without destroying or killing the tree. You may have a legal duty to trim the branches that overhang your property if they pose a foreseeable risk of damage to a person or property (for example, if they overhang your driveway, they may... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: Does a Family Court Commissioner have the authority to order that I file my tax return by specific date?

FCC entered an order stating I had to file my tax return by specific date and provide it to the other parents lawyer within 10 days of it being filed so they can determine the attorney's fees I will have to pay. The order says I have to pay attorney fees, but does not state the amount I will... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 22, 2023

Yes, the Commissioner may enter such an Order if there is an award of attorneys fees and the Commissioner is looking for a source of money from you from which to pay.

1 Answer | Asked in Contracts for Wisconsin on
Q: I have a contract to provide a solar system and supply maintenance for 20 years. They have closed doors.

They have closed their doors and are under "restructuring. " They are working to finish install and start taking draws on account. What should I be doing to make sure they don't change their name, take the money and leave without providing service for 20 years?

John Michael Frick
John Michael Frick
answered on Apr 5, 2023

Don't pay them anything until they finish the install, you verify that the system is working as represented, and they give reasonable assurances of performance by posting a performance bond ensuring that they will provide all necessary maintenance services for 20 years as agreement.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: Do I have to disclose my new employer to my current employer if I signed a non compete?

I have a non compete and my new job is in the same industry, however it is not dealing with the same customers. Does this violate a non compete agreement?

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

It depends upon the language of your non-compete and how broad in scope the law in the relevant state allows your former employer to enforce a non-compete in your industry and occupation.

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I am wondering if I can sell art that incorporates the name "Peep" and a very small fraction of a peep's shape.

The art says "Peep-a-Boo" and shows just the ears at the bottom of the image indicating it's about to come up or is hiding. I have another one that shows just the middle of a peep's face (two eyes but no ears or body) hiding in a cracked egg. Finally, I have one that shows a... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

It is difficult to determine whether the use of "Peep" and a small fraction of a Peep's shape in your artwork would be considered a parody without more information about the context and purpose of your artwork. However, even if your artwork is intended as a parody, it is possible... View More

1 Answer | Asked in Consumer Law and Health Care Law for Wisconsin on
Q: can walgreens legally sell a skin cream lotion that contains enough thc to cause a positive drug test ? milwaukee wi
John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Yes, Walgreens can sell skin lotion that contains THC.

It is widely believed that topical skin creams containing THC will not cause a positive drug test for many very good reasons but there is no definitive research on this issue.

People who are about to undergo a drug screen for...
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1 Answer | Asked in Banking and Business Law for Wisconsin on
Q: Can my friend trade stocks and give me a split of the profit, if I gave him advice, but my dad works on wallstreet.

in longer form i am wondering if my friend using his money can trade stocks based on advice that I give him and give me a split of the profit. The reason I don't know if this is legal is because my father working at a Hegde fund and therefore my ability to trade stocks is highly regulated and... View More

David H. Relkin
David H. Relkin
answered on Mar 20, 2023

This is not the kind of question that can be answered publically.

2 Answers | Asked in Bankruptcy and Contracts for Wisconsin on
Q: Should I get a lawyer involved?

Was roped into a 55,000 contract for solar panels because they made me sign for the paper copy of the contract. Didn't know I was signing the actual contract. Now they came to install solar panels did half the job and left. Ive been calling for over a month and just found out the company went... View More

J. David Krekeler
J. David Krekeler
answered on Mar 20, 2023

Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for... View More

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