He was arrested in Wisconsin in 2012 for 7th offense OWI, (class "G" Felony). However, It is my understanding that in 2016, the penalties pertaining to this type of offense in Wisconsin became more severe, and now are designated class "F". There is an upcoming hearing but he has not yet been... Read more »
The applicable range of penalty for an offense is determined by the violation date, not the conviction date. The arrest record correctly shows a Class G Felony, punishable by a fine not to exceed $25,000 or Imprisonment not to exceed 10 years, or both. Section 939.50(3)(g). The initial confinement... Read more »
My father-in-law would like to sell my husband and I his house on a land contract. My father-in-law still has a mortgage on the house currently but he was diagnosed with Cancer and put on Hospice. Can we use a land contract to obtain the house.
You should examine the mortgage documents carefully. Usually, the bank will have a lien on the house, as a secured interest on the property, superior to all of the other lien holders. Therefore, if your father-in-law should die, his heirs (the people he names in his Will if he has one, or the heirs... Read more »
I was unable to get a response from my property manager, so I filed a case with the state. They're willing to pay for damages, but only what they believe things to be worth.
Generally, a landlord can enter at reasonable times to inspect the premises, make repairs, or show the premises to prospective tenants. The landlord usually must give 12 hours notice before entry, unless immediate entry is necessary to preserve or protect the premises, such as in case of a fire or... Read more »
$7900. I have to keep my resources under $2000 for SSI. I want to spend the money on my sister's funeral costs. Can I do that? What do I do with the check?
Hello, I am sorry to hear about the death of your sister. If your sister's Estate had no other assets, and there are funeral debts outstanding, then in a situation where you were not receiving SSI benefits you could use that money to pay for her funeral. However, normally, her Estate would pay... Read more »
No home, no car, no investments , no life insurance, no death benefit on her pension income, just household items. Do I have to set up a probate case? How do I handle her remaining medical bills. She has no other debt, just medical bills that exceed her assets. Do we have to sell her household... Read more »
I am sorry to hear about the passing of your Mother. In Wisconsin, for small estate less than $50,000 in value, there is a transfer by affidavit process to transfer assets when the total value of the estate is less than $50,000. In this case, if there are no financial assets, and no real estate,... Read more »
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.
I’m wondering if there is anything I can do? I had 36% ownership in a building. The other partners borrowed $1.5M against a paid building without notifying me. I never signed anything on the loan & found out 5 months later from St. MN. The bank loaned the money without an appraisal – after... Read more »
I'd recommend that you post this question to the Business Lawyer section as this matter appears to concern your rights and obligations as a member of the LLC as opposed to real property rights. The attorneys in that section may be better suited to assist you.
No wills
Uncle Billy passed away estate years before my Uncle Bobby passed away. My mother inherited my uncle's bobbies estate because she was alive when he passed away So when my mother passed away my mother's inheritance from my uncle Bobby's estate went to her three children
My... Read more »
If both Uncle Billy and Uncle Bobby passed away without a Will, then the Estate of each one would be governed by the Wisconsin basic rules on intestate succession. Those rules are found here in Chapter 852.01. Under Chapter 852.01(2) there is a survivorship requirement, and that requirement is... Read more »
so I got my license revoked in Wisconsin because of a dui 2 years ago, I'm eligible for reinstatement starting tomorrow. I'm also moving to Illinois in 4 days, do I still have to pay reinstatement in Wisconsin, or can I just get my license in Illinois?
Section 343.38(1) of the Wisconsin Statutes requires you to comply with the reinstatement requirements, including paying a $200 reinstatement fee. The court ordered that the DMV revoke your operating privilege for 2 years, but this does not mean your privilege to drive is automatically reinstated.... Read more »
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.... Read more »
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... Read more »
No, his wife does not have the right to move in to your home in this situation.
He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.
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... Read more »
talk to your lenders, landlord, bank.
try to defer, negotiate, reduce.
everybody is in the same boat.
best luck
The answer to this question depends on whether your brother left you his half through his Will, or through a trust, or by deed. Depending on which instrument he used, you will need to examine the instrument itself. If he left it through a Will, it is likely a probate action will be needed in... Read more »
I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »
There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE eligible to play.... Read more »
legal?
Generally, any Addendum to a lease is enforceable if the Addendum is properly made part of the lease, properly executed by the Parties and does not contain a provision prohibited by existing law.
Yes, it is possible. You will want to review the Wisconsin LLC Law under "SUBCHAPTER XII MERGER; CONVERSION" - Here is the statute: https://docs.legis.wisconsin.gov/statutes/statutes/183/XII/1207. If the other company is not a Wisconsin LLC, the steps may be different, but every jurisdiction I can... Read more »
You could repost this under the Military Law section. It is not an ordinary appeals matter in a civil court. You could also consider reaching out to military law attorneys you find under that section, or ones you find on your own independently on the outside to see if they could offer you a free... Read more »
I moved out end of June 2019. I got my security deposited back within the 21 days as expected. I just got an invoice dated April 2nd 2020 for cleaning that supposedly happened on June 30th 2019. It doesnt included a receipt or anything proving they brought in the cleaner either. Can they still... Read more »
Arguably a landlord may return the security deposit in full and then seek contract damages. This makes some sense for the landlord because if the tenant challenges a security deposit violation then the landlord can be on the hook for double damages and tenant's attorney fees. In this case, if you... Read more »
You should repost your question in the Military Law category. You're asking about something which is outside normal civilian appellate practice. Good luck
Tim Akpinar
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