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2 Answers | Asked in Real Estate Law, Constitutional Law and Land Use & Zoning for Wisconsin on
Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search

Can she give them permission even tho I now own the house

James L. Arrasmith
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answered on Sep 11, 2023

In scenarios where multiple occupants reside in a property, the consent to search the common areas of the property can be given by any one of the occupants. However, since you are the owner of the house, you have a more substantial standing to either consent to or refuse a search of the property.... View More

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1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Is it illegal to offer a land contract at zero % interest in Wisconsin?
T. Augustus Claus
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answered on Aug 31, 2023

In Wisconsin, it is not inherently illegal to offer a land contract at zero percent interest. A land contract is a legitimate arrangement where the seller finances the sale of a property to the buyer. The interest rate and terms of a land contract are typically negotiable between the parties... View More

1 Answer | Asked in Domestic Violence for Wisconsin on
Q: My friend got a restraining order filed against her wrongly. What happens if she isn't served and doesn't show up
T. Augustus Claus
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answered on Aug 30, 2023

If your friend in Wisconsin is facing a situation where a restraining order has been filed against her wrongly and she hasn't been served with the order or attended any court hearings related to it, there are potential implications. If proper service hasn't occurred, the court might lack... View More

2 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Is a home purchased before a marriage considered marital property?

I have been married for 3 years. I am considering a divorce. I purchased my home prior to my marriage. I have not added my husband to the deed or mortgage. Is the home considered marital property and is it subject to 50/50 division?

David Kowalski
David Kowalski
answered on Aug 29, 2023

In general, the home is considered marital divisible property. However, it is possible to request credit for the value of the home at the time of marriage as a deviation from the presumed equal division of assets. The shorter the marriage, the more likely that request will be granted. We would... View More

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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: If I pay my back rent can I still stay in the premises after I received a 28 day notice terminating tenancy?
T. Augustus Claus
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answered on Aug 28, 2023

In many cases, if you receive a 28-day notice terminating your tenancy due to non-payment of rent and you subsequently pay the back rent owed before the notice period expires, you may be able to prevent the termination of your tenancy and continue to stay in the premises. Paying the back rent... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: Q: In the state of WI, what does a grandparent have to prove to get guardianship of grandchild when child neglect is pre
T. Augustus Claus
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answered on Aug 22, 2023

In Wisconsin, obtaining guardianship of a grandchild due to child neglect involves demonstrating that the child's parents are unfit or unable to provide proper care and supervision due to neglect. Grandparents seeking guardianship must show that it's in the child's best interest to... View More

1 Answer | Asked in Libel & Slander, Internet Law and Civil Rights for Wisconsin on
Q: Is it illegal to take someone’s picture in a workplace without them knowing, and then post it online?

Someone took a picture of my wife without her knowledge and approval, then used it in a Google review for her workplace. Without any sort of context, he called her rude. My wife deals with over-the-road drivers for the duration of her work shift, and this picture and review is now there for anyone... View More

T. Augustus Claus
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answered on Aug 14, 2023

In Wisconsin, taking someone's picture in a workplace without their knowledge and then posting it online could potentially infringe upon their privacy rights. However, the legality of such actions can depend on various factors, including the context, the intent, and any applicable workplace... View More

1 Answer | Asked in Consumer Law, Family Law and Gov & Administrative Law for Wisconsin on
Q: My bro. buried w/no marker. Cemetery says I have to put up marker. Bro. is POS. I will not do it. Who is responsible?
T. Augustus Claus
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answered on Aug 9, 2023

In Wisconsin, the responsibility for placing a marker on a burial plot often falls on the family of the deceased. While cemeteries may encourage or require markers to be placed for identification and maintenance purposes, it is generally the family's decision whether to do so. If you choose... View More

1 Answer | Asked in Traffic Tickets for Wisconsin on
Q: I live in Wisconsin, I have my temps an am 18 can I drive with someone that's my friend and has their license
T. Augustus Claus
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answered on Aug 2, 2023

Wisconsin's Graduated Driver Licensing (GDL) laws state that individuals with a learner's permit (temps) must be accompanied by a qualified supervising driver who is at least 21 years old and has a valid driver's license. The supervising driver should also be seated in the front passenger seat.

1 Answer | Asked in Employment Law for Wisconsin on
Q: is it considered retaliation if i put my two weeks in at my job, then later i get fired ?

i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can an abusive parent have custody rights of unborn baby later on?

The abusive parent has two restraining orders of domestic violence to past relationships, can the abuser have custody rights to the unborn baby later on

T. Augustus Claus
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answered on Jul 25, 2023

In Wisconsin, the court considers the best interests of the child when making decisions about child custody and placement. If one parent has a history of domestic violence and there are concerns about the safety and well-being of the child, the court may take that into account when determining... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: can I file a case against a creditor in Bankruptcy court and Civil court?

I reopened my Bankruptcy case to file sanctions against a creditor for violating the discharge injunction. Can I also file a case against the same creditor for Fraud in Civil Court.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 19, 2023

In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better...
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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Do I really have to go through probate in Wisconsin to close my deceased mother's bank account which only has 1300.00.

There was suppose to be a POD on her account but they can't find it. We live in Wisconsin.

Anthony M. Avery
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answered on Jul 17, 2023

If you cannot convince the Bank to transfer funds with an Affidavit of Heirship/ Next of Kin, then it may not be worth the time and money to get the funds. Call a WI attorney about a possible summary probate or Affidavit, but it may be best to forget about those funds. Banks keep... View More

2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

A Wisconsin attorney could advise best, but your question remains open for a week. I'm sorry for the stressful ordeal this has created for you. In terms of personal injury, if the project was properly permitted and the work complies with OSHA, environmental, health, land use, and other... View More

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2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

Addendum - if you consult with attorneys regarding mortgage and real estate issues, you could additionally ask if there are issues related to health or disability laws that offer you options. Good luck

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1 Answer | Asked in Business Law and Construction Law for Wisconsin on
Q: We own a construction business and just finished a customer's roof. They put a hold on the payment check.

We finished the customer's roof yesterday and they were happy with the work and paid us with a check. Today, they said they were unhappy with a portion of the roof that is perfectly fine and they put a hold on the payment check. Can they do this?

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. The first thing to check is whether there is a problem with the work that you were not aware of. However, if the work is satisfactory and meets contract specs, then you could reach out to local attorneys to... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is there a 7 year provision on driveways in wisconsin? meaning if there for more than 7 years? its over property line

Driveway done by previous owners. It encroaches neighbors property line. He has not put large rocks on driveway blocking part of my access in this dispute. Permitted in 1998 using a hand drawing, but in 2008 another previous owner put in concrete and may have went property line. Neighbor bought in... View More

Anthony M. Avery
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answered on Jun 27, 2023

Since you just bought the property in 2020, you may be able to sue your seller for breach of warranty of title . But you definitely have a boundary dispute. Hire a WI attorney to file suit which is basically a Declaratory Judgment with Trespass. Acquiescence to the ascertainable boundary line... View More

1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

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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