Legal Updates

Recent Changes Affecting Judgment Interest

By Attorney Robert F. Konkol (December 2011)

A money judgment is a judicial determination that one party owes another party a certain amount of money. Sometimes obtaining a judgment may be only half of the battle. Collecting the judgment may be the other half. A judgment owner may use certain remedies in collecting a judgment. Among the remedies are the garnishment of earnings and non-earnings. The owner may also have the Sheriff seize and sell personal property and real estate of the debtor. More...

Helping Aging Parents with Finances

By Attorney Amy J. Eddy (December 2011)

Do you worry about the ability of your parents to handle their financial affairs as they age? Many older people need assistance because of physical impairments that limit their abilities or due to mental disease or disability, such as Alzheimer's disease or other types of dementia. Caring for an aging parent can be emotionally challenging, but the consequences of the failure to properly handle their finances can be severe. Many elderly people who are unable to handle their finances become susceptible to financial abuse and exploitation, potentially losing large sums of money that could otherwise provide for their needs. More...

Federal Tax Alert - Making the Portability Election To Preserve
a Deceased Spouse's Unused Exclusion Amount

By Attorney Rick A. Flugaur (December 2011)

A simple oversight could result in as much 1.75 million dollars in estate tax exposure for married couples. If a spouse dies in 2011 or 2012 and their estate doesn't take affirmative action to elect the applicable portability exclusion on an estate tax return, their beneficiaries could permanently lose the benefit of the Deceased Spousal Unused Exclusion Amount, which was enacted as part of the two-year estate tax make-over in the Tax Relief Act of 2010 (hereafter "2010 Act"). More...

Wisconsin New Concealed Weapons Law

By Attorney David M. James (October 2011)

As early as this November, qualified Wisconsin residents and certain out-of-state residents will be able to legally carry a concealed weapon in Wisconsin. While the new law expands an individual's right to carry a concealed weapon, it also grants business owners, property owners, and others certain rights to restrict weapons on their property. More...

Health Care Reform

By Attorney Rick A. Flugaur (October 2011)

When the Patient Protection and Affordable Health Care Act passed in 2010, there was a flurry of speculation about what it meant, what it would cost, and who would be footing the bill. That initial excitement soon died down when everyone learned that much of the law would not take effect for a year or longer. More...

Why Shouldn't I Prepare My Estate Plan Using The Internet?

By Attorney Torren K. Pies (August 2011)

In considering whether to hire an attorney to prepare your estate planning documents, keep in mind that estate planning is serious and complex. Many clients are hesitant to hire an attorney when they feel that they can prepare an estate plan online. Getting your estate plan right is a proven cost-effective approach for you and your family and can prevent costly mistakes that will affect you and your family members at the time of your death and/or incompetency. More...

Monumental Auto Insurance Changes On The Horizon

By Attorney Russell T. Golla (May 2011)

One of the first pieces of legislation that has been enacted this year permits significant changes in your auto insurance policies. The major changes will occur in those provisions of your auto insurance policies that you buy to protect you, your family and the passengers in your vehicles, namely, Uninsured Motorist Coverage (UM) and Under-Insured Motorist Coverage (UIM) when the at-fault driver either doesn't have insurance or doesn't have enough to cover your damages. These changes will come about as a result of the elimination of the ability to "stack" these coverages, modifications to the definition of an under-insured motor vehicle for purposes of UIM coverage and the allowance of "reducing clauses" and they will become effective for policies first issued or renewed on or after November 1, 2011. More...

New Tax Law Provides New Opportunities

By Attorney Keith J. Pilger (March 2011)

At the end of 2010 we saw many changes, extensions and revisions to the federal tax law, which include changes to the estate tax law. The new law essentially does three things with respect to the estate and gift tax: (1) it retroactively provides estates for decedents that died in 2010 with an option of choosing which estate tax rules to apply, the 2010 rules or the 2011 rules; (2) it brings back the estate tax for 2011 and 2012; and (3) it reunifies the gift and estate tax. More...

What Employers Need To Know About The New Genetic
Discrimination Law

By Attorney Brian G. Formella (March 2011)

The Equal Employment Opportunities Commission ("EEOC") recently issued a final rule to implement the federal Genetic Information Non-discrimination Act of 2008 ("GINA"). These rules became effective January 10, 2011.

Under GINA, it is illegal to discriminate against employees or applicants because of genetic information. GINA prohibits covered entities from using genetic information in making employment decisions and from requesting, requiring or purchasing genetic information. More...

Wisconsin Law Update - Health Savings Accounts

By Attorney David M. James (March 2011)

With the passage of 2011 Wisconsin Act 1, Wisconsin's law regarding Health Savings Accounts (commonly referred to as HSAs) is now consistent with federal law. This change is effective for taxable years beginning on or after January 1, 2011 and will not apply for your 2010 return. Over the next two years this new tax break is expected to cost the state approximately forty-eight million dollars in tax revenues. More...

New Law Bans Texting and Driving

By Attorney Richard H. Fuller (November 2010)

Effective December 1, 2010, a statewide ban will go into effect making it illegal to compose or send text messages while operating a motor vehicle. The new law is added as a subsection under the statute pertaining to inattentive driving and specifically provides that "no person may drive . . . any motor vehicle while composing or sending an electronic message or an electronic mail message." There are a few exceptions to this ban; the new law does not apply to: More...

Your Home and Nursing Home Planning

By Attorney Amy J. Eddy (November 2010)

A common concern among many clients is preserving and protecting their assets so that they can be passed along to children and grandchildren. This most often arises in the context of planning for long term care. With the monthly cost for nursing home care averaging $6,000 - $7,000 or more, it does not take long to quickly consume an estate in order to pay for such care. More...

Frequently Asked Questions About Wisconsin Divorce Law

By Attorney Nadine I. Davy (November 2010)

1. How is a divorce action started? To begin a divorce, one of the parties to the marriage must file a Summons and Petition for Divorce. The party's spouse must be served with the paperwork within 60 days after the action has been started. There are two ways to serve your spouse with the Summons and Petition: (a) your spouse can sign an Admission of Service form, or (b) a process server or law enforcement officer can serve the papers. More...

Major Changes in Automobile Insurance

By Attorney Gerald M. O'Brien (July 2010)

In its most recent legislation, the Wisconsin legislature has adopted major changes in automobile insurance requirements. For the first time Wisconsin automobile drivers will be required to have automobile insurance in order to operate their vehicles. A summary of the effect of those changes follows. More...

Legislative Update

By Attorney David M. James (July 2010)

We have seen a lot of new, significant legislation at the federal level in the past 18 months. Some of the most notable are the massive economic rescue efforts, major health care reform, and most recently, re-regulation of Wall Street with the most sweeping overhaul of our financial system since the Great Depression. With all this done, apparently still up for consideration are major revisions to the energy policy and immigration reform. More...

Business Owners: Benefits of an Operating Agreement

By Attorney Keith J. Pilger (July 2010)

Limited liability companies ("LLCs") have become the most popular business entity of choice for small business owners. The popularity of LLCs is a result of the ease of formation and operation that these entities enjoy. LLCs offer all of the limited liability protection of a corporation without the corresponding formalities and also afford the members of the company all of the tax benefits of a partnership. Unfortunately, in some cases the ease of formation and operation of LLCs can lead to complacency that can have a significant impact down the road. More...

Bankruptcy and Employee Discrimination

By Attorney Brian G. Formella (July 2010)

Most employers are aware that numerous state and federal employment laws prohibit an employer from retaliating against an employee when the employee engages in certain protected activity, like opposing discrimination or in certain instances blowing the whistle on wrongful employer conduct. More...

Top 5 Reasons to Leave Assets to your Beneficiaries in Trust

By Attorney Keith J. Pilger (March 2010)

When considering their estate plan many individuals are concerned about how the hard-earned assets they are passing on will be used by their heirs. Those concerns can include the relative young age of the heirs, the possibility of a divorce, or an inability to handle money properly. These concerns can be addressed through the use of a trust to hold the assets for the benefit of one or more beneficiaries. More...

Voluntary Correction Program for Deferred Comp Plans

By Attorney Ronald T. Skrenes (March 2010)

All non-qualified deferred compensation plans are required to be in operational and documentary compliance with Internal Revenue Code section 409A as of January 1, 2009 or, if later, the date of their establishment. If a plan is not in compliance, amounts that were deferred become currently taxable to the extent the deferred amounts are not subject to a substantial risk of forfeiture. Section 409A also provides that amounts includable in income are subject to two additional taxes: a 20% excise tax and an interest penalty. As a result, failure to comply with the requirements of this section can have severe adverse tax consequences to the employee. More...

Uncertainty in Federal Estate Tax Law

By Attorney Keith J. Pilger (March 2010)

Back in 2001 Congress passed the Economic Growth and Tax Relief Reconciliation Act (sometimes referred to as “EGTRRA”). EGTRRA contained several tax law changes including changes to the federal estate, gift, and generation-skipping transfer (GST) taxes.

Under EGTRRA the federal estate tax exemption was gradually increased from $1,000,000 in 2001 to $3,500,000 in 2009 and then ultimately repealed in 2010 to be replaced with new basis adjustment rules. However, the repeal of the estate tax was never designed to be permanent. Rather, EGTRRA contained a sunset provision at the end of 2010, which results in the federal estate tax law reverting back to its 2001 form on January 1, 2011. This would mean a return to a $1,000,000 exemption and a 55% maximum tax rate. More...

Using Special Needs Trusts for Disabled Beneficiaries

By Attorney Amy J. Eddy (December 2009)

Historically, parents and other relatives of disabled individuals have been advised to disinherit the disabled person for estate planning purposes. This is because an inheritance can have a devastating effect on the public benefits the disabled individual is receiving. Given the rising costs of medical care, it is often critical for a disabled person to continue to be eligible for public benefits. More...

Debt Collection Fundamentals

By Attorney Robert F. Konkol (December 2009)

Ensuring a regular, adequate cash flow is essential to the success of a business. Prompt collection of money owed for a product sold or service rendered enables a business to meet its current obligations and plan its future. Thus, the following is a brief review of the basics of debt collection: More...

New Legislation Improves Uninsured Motorists (UM) and Underinsured Motorists (UIM) Insurance Protections For You

(October 2009)

Uninsured Motorists Coverage (UM) and Underinsured Motorists Coverage (UIM) are coverages that you can buy to protect yourself, your family members and occupants of vehicles you insure in the event of an accident that is caused by the negligence of the operator of a vehicle that does not have insurance or does not have enough insurance to cover your loss. These coverages are personal and portable. This means that these coverages follow your family members who are residents of your household when any of you are injured by uninsured and underinsured motorists regardless of whether you and your family members are occupying your insured motor vehicle at the time. More...