Articles
The Workplace in the Middle of a Pandemic: What is a Wisconsin Employer to do?
COVID-19 also known as the corona virus has inundated the normalcy of everyday existence like a worldwide flash flood. Currently, the flood waters are predicted to rise before they recede. More will be attempted by government to keep the flood at bay, as shown by...
Beware of Dog Owner Liability and Coverage
“As wonderful as dogs can be, they are famous for missing the point.” – Jean Ferris. Sometimes when dogs miss the point; things can go horribly wrong. Statistically, there are four to five million Americans bitten by dogs every year. There is precedent for animals...
Keeping Confidentiality, Whose Email Server Are You Using When Emailing Your Lawyer?
One of the most significant benefits of seeking advice from your lawyer are the ethical rules that generally require that the communications with your lawyer are confidential. This means that, except in some limited circumstances, information that a business or...
Take it Easy on the Beers While Riding a Lawn Mower
If you are like me, after mowing the lawn and job well cut, you may enjoy a cold refreshing adult beverage. With that frosty refreshment in mind, I stumbled upon a recent, and unique, Wisconsin Court of Appeals decision that held that a riding lawn mower is a “motor...
What Happens If I Pass Without a Will?
“What will happen to my assets when I pass away?” This is the question that brings many clients into their attorney’s office for initial estate planning discussions. Typically, their estate planning attorney will ask questions to learn about their assets, family and...
What Is Divestment Under Medicaid Law?
Divestment is when you or your spouse give away assets belonging to either or both of you and sell assets for less than fair market value. Avoiding or refusing to accept income or assets you are entitled to, such as a pension income or an inheritance would also be...
Update on Bill That Seeks to Curb Harassment of Sports Officials
Sports, even at the high school level, can raise emotions in players and spectators alike. Sports officials are not strangers to displeasure with calls they make on the field or court. However, there comes a point when expressing displeasure can cross the line. For...
What Exactly is Involved in the Litigation Process?
Over the course of my career, many people have asked me what area of law I practice in, and I usually respond by stating “civil litigation.” Then I am typically asked, “What do you mean by civil litigation?” The civil in “civil litigation” refers to the form of law,...
Yours, Mine and Ours – How Property is Divided at Divorce
In Wisconsin, property is presumed to be equally divided between the parties in a divorce action. Almost all property owned by the parties is subject to equal division. This includes property that is titled solely in one spouse’s name and property acquired by a spouse...
Maximizing Bequests with Charitable Contributions
Many Americans wish to leave a donation to their favorite charity, community foundation or nonprofit organization when they pass away. You may be one of them. Often people decide to donate by gifting a specific dollar amount or percentage from the residue of their...
Which Insurance Companies Do I Have to Talk to After an Auto Accident?
Following an auto accident, victims are often bombarded with calls from claims personnel connected with various insurance companies asking how the accident happened and what injuries were sustained. Usually, there are three different insurance companies trying to get...
What Is Probate?
Probate is an often misunderstood but frequently heard term in relation to the death of a loved one. Perhaps in completing your estate planning you have been advised to “avoid probate.” But what is probate and why is to be avoided? Probate is the name of the legal...
Disclosing Defects with the Real Estate Condition Report (RECR)
Wisconsin law has left the dark ages of caveat emptor or also known as “let the buyer beware” in the sale of residential property. The harshness of caveat emptor has been replaced by the Real Estate Condition Report or “RECR.” Basically, the RECR requires sellers to...
Contingency Clauses in Real Estate Contracts
If you have ever bought or sold real estate, you may be familiar with the contingency clauses contained in these agreements. These clauses offer the option to back out of a sale if certain events occur. The meaning and consequences of these contingencies can be...
Understanding Your Auto and Home Insurance Policies Through Declarations Pages
I have frequently talked about the importance of having adequate insurance coverage, particularly automobile and homeowner’s insurance. In the past, I have presented this topic at our firm sponsored seminars, written on the subject in my article Insurance Plays...
“Homophobic Taunts Not on the Menu:” According to the EEOC
Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace because of sex. Title VII applies to employers with 15 or more employees. By contrast, the Wisconsin Fair Employment Act prohibits discrimination on the basis of sex and sexual...
How Can I Help My Children Through the Stress of Parent Separation, Divorce and School?
It’s that time of year again, back to school! For many families, the new school year is full of excitement and anticipation of new opportunities. For others, it brings sadness and anxiety as relaxed summer schedules are replaced with earlier bedtimes, routine,...
Using a Special Needs Trust to Ensure Your Settlement Does Not Affect Public Benefits
In Wisconsin, Medicaid (sometimes also called Medical Assistance) covers 1 in 9 adults and 1 in 3 children; in fact, 16% of the Wisconsin population gets its health care coverage through Medicaid. Unlike the similar sounding Medicare, Medicaid is a means...