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COVID-19 Wisconsin Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jul 8, 2021

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... View More

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1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
David N. Iancu
answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We are in WI. We are month to month lease. Landlord told us on 10/1/20 that we must move 11/1/20.

We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Oct 23, 2020

Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Best way to buy a house with a child

My son was planning on buying a house but was furloughed due to COVID 19 and isn’t able to get financing. My husband and I are going to purchase the house but our son will make all of the payments. We will eventually transfer the house to him. What is the best way to purchase at this time?... View More

Thomas B. Burton
Thomas B. Burton
answered on Jul 13, 2020

If you plan to purchase the home and put your name on the mortgage, I would strongly advise you to purchase the home in your own name. It is not a good idea to purchase property and title it in another person's name, as you will be held responsible for the mortgage if the other person quits... View More

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli
answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I'm high risk for COVID. Boss says return to office instead of working remotely. Do I get unemployment if I get let go?

I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... View More

Cynthia Pietrucha
Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2020

Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: May I pay my last rent with the security deposit? If not, what can happen if I do?
Jason Anthony Greller
Jason Anthony Greller
answered on Apr 17, 2020

Generally, the security deposit may not be used to pay the last month of rent. Doing so may trigger a late payment charge. Given the current pandemic, you might consider contacting the landlord and discussing this option. They may be more lenient and understanding at this time.

1 Answer | Asked in Medical Malpractice for Wisconsin on
Q: Is your doctor committing malpractice when they refuse to give post-operative care?

I had a medical procedure on March 13th 2020. On March 20th 2020 I was supposed to have my first post-op care check-up visit. Upon getting there basically the appointment ended up being just a meet and greet. They told me that the pandemic prevented them from giving me the treatment that I needed.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2020

Hopefully, it will not come to that and hopefully, you will enjoy a healthy recovery. But your question is difficult to answer because it calls for speculation as to whether the physician's conduct amounted to a breach of duty. If something did go wrong, the conduct would be evaluated with the... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My tenant stopped paying rent. He has been there for almost 10 years. During the virus, what can I legally do?

He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.

Jason Anthony Greller
Jason Anthony Greller
answered on Apr 10, 2020

Governor Evers’ Emergency Order 15 created a temporary ban on evictions.

Evers’ Order went into effect on March 27, 2020 and continues for 60 days.

1) Landlords are prohibited from serving any notice terminating tenancy for failure to pay rent.

2) Landlords are...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In WI my husband and I were planning to purchase a condo. With COVID 19 we want to back out. Can we get earnest money
Jason Anthony Greller
Jason Anthony Greller
answered on Mar 29, 2020

Your rights and obligations under the contract can only be determined after reviewing the entire offer. Generally, a buyer may only use a valid contingency to terminate an offer. Simply deciding that the market conditions are no longer ideal to move forward is not typically a valid reason to... View More

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