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1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I am on Social Security Disability and I have no other income. I have been served some court summons the past few months

because of past due credit card bills. I have no money and no assets at all. My credit report says I have about $30,000 in credit card debt. Should I file Bankruptcy or Is there really no need since im on disability ? Will it all eventually fall off my credit report regardless ? Please help me.... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

Based on the facts you set forth, you should file chapter 7 bankruptcy after consulting a practitioner. These debts will not just fall off in most cases.

1 Answer | Asked in Divorce for Wisconsin on
Q: I’m thinking about divorcing my husband in 30 years. We’re both retired. Would he have to pay me maintenance?

My husbands always made double the money that I have made as a teacher. I do have a pension which he has survival rights to. We live in the state of Wisconsin, which is a 50-50 state.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jan 23, 2023

Since this is a long term marriage, there would be a maintenance obligation. However, a monthly maintenance obligation can be bought out with a greater than equal award of the marital property, too.

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Is there a way to help my friend get home without huge legal trouble?

I have a friend who is from Romania. She's been here since 2019 originally with work and travel temporary Visa's. Her boyfriend convinced her to stay and they got married. I know they started filling out forms for green card and he's sponsoring her, but the relationship has turned... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 17, 2023

If your friend married her boyfriend and is interested in attempting to regularize her status and remain in the United States, she should speak with an immigration attorney to discuss her potential eligibility for VAWA, which you can read more about here:... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... Read more »

2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 31, 2022

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: A shed on recently purchased prop. is slightly over the property line. <One foot. Do I need to do anything at this point

Property was purchased in Aug. 2022, surveyed in October. Shed has been there since the 1980's

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 5, 2022

Apparently you have already bought the property without complaining about an encroachment. You also failed to put a legal description from the new survey in your Deed. The boundary has probably been acquiesced to at this point. You may wish to complain about your attorney if you had one.... Read more »

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Child Support: originally a 50/50 split between two kids. Now I have 85%. What is the best way to resolve this change

She lives in Minnesota and I live in Wisconsin with the kids.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 5, 2022

If the children have resided in Wisconsin for six months continuously, Wisconsin Law should control.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Wisconsin on
Q: Pregnant help

My 16 old

Son at this time and his 17 yr old gf pregnant when baby born she will be 18 he will be 17 lives in two differ

States him wisconsin her Minnesota if she places the baby for adoption does he have right to keep him or are his rights nothing

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 4, 2022

This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Badgercare after divorce as a health insurance?

Badgercare after divorce as a health insurance?

When I got divorced in 2011, I asked the judge to make me the provider of health coverage. I have physical custody of child. The legal father has chosen not to see child since divorce. And has had no contact. I have no clue if he has... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

It is considered acceptable to rely on Badgercare benefits yourpremiums for group health insurance coverage exceed 10% of your net disposable income. The State, on its own, may file a Motion to require the father to provide coverage for the minor children so as to reduce the cost to the tax... Read more »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Hello, can my children father claim our children for taxes after he been absent for over 3 year in his kids life?

He is taking me to court to reduce his child support amount and claim the kids on his taxe return. His child support is not consistent. Sometimes no payments for two months. I been doing everything for our children since he been absent for over 3 years. He blocked my number I couldn't get in... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 20, 2022

You can file your own Motion to modify the Order in which he is not entitled to any of the children as tax exemptions unless he is current in his child support obligation each year by the last day of the year. Also, if he does not have a valid reason to have his child support to be reduced, you... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: What are my options for divorce ? I have no job or money currently.
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 8, 2022

Depending on the length of marriage and disparity in earnings, you may be entitled to maintenance/support payments. You would need to file an Order to Show Cause for Temporary Order for a hearing for temporary maintenance. The Court will expect you to seek employment unless you are disabled.

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: I sold my house via land contract. If I need to send the buyer a written notice, does a lawyer need to send it?

I inherited a house from my father and sold it to a friend via land contract in 2014. He has payed the monthly payment regularly until recently. The contract states if a default payment continues for 30 days, I must provide notice thereof, delivered personally or mailed by certified mail, that he... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 31, 2022

You definitely need an attorney. Filing suit for eviction and possession will be critical.

"Foreclose" does not sound applicable, but if it is, you have problems. Lessee will not

leave easily after paying out alot of money, and may sue you in equity. Damage to the...
Read more »

1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can you file for bankruptcy as a couple after have done filed bankruptcy as an individual?

I am just curious because I had filed for chapter 7 like 4 years ago, and we have ended up back where I was and was wondering if I could still file as a couple after I have done filed as an individual at some point in time.

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: what type of attorney do i need to go after employer and employer insurance company? this is not a workman comp. case.

had to have major back surgery, was already on fmla. employer had me on short term, which wasn't consistant, then turned to long term, once turned to long term, they sent me threw wrong insurance company for 3 months, then finally got the right insurance company. it took over 5 months to even... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

A Wisconsin attorney could advise best, but your question remains open for three weeks. It looks like you may have at least two issues to sort out here, aside from the disability claim for which you already have an attorney. Employment attorneys would know about FMLA matters. As for the MRIs and... Read more »

1 Answer | Asked in Consumer Law and Land Use & Zoning for Wisconsin on
Q: Powere company came to trim trees, took half my tree, and left. Is there anything I can do about it? Vandalism charges?

They are offering to take the tree but not grind the stump out, is there an obligation to actually fix the issue

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A Wisconsin attorney could advise best, but your question remains open for two weeks. Electric utilities nationwide have broad authority when it comes to protecting and maintaining their transmission infrastructure, including removing trees and other hazards that could ice, bring down cables, and... Read more »

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