Articles
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...
What Do I Do Now That I Have Been in a Motor Vehicle Accident?
When you head out on the road, a motor vehicle accident is the last thing you want to happen. However, if you fall victim to a motor vehicle accident on account of another driver’s negligence, you do not want to do anything to jeopardize receiving full...
How to Address Family Conflicts Concerning Caregiving for Aging Parents
Having adult children provide care and support to an aging or ill parent can be very helpful, but in some cases, can be a cause of stress and family conflict. Caregiving can bring families closer as they provide mutual support, but in some situations, the stress and...
Best Practices for Using Volunteers in Your Wisconsin Non-Profit.
The great majority of work performed by non-profits comes from unpaid volunteers. While volunteers can be vital to helping a non-profit reach its goals, their presence raises certain risks that leaders of non-profit organizations should be aware of to...
Flood Damage – Is Your Home or Business Covered?
Flooding is the nation’s most common natural disaster, which causes billions of dollars in damage each year. Just one inch of water can cause $25,000 in damages to your home. Flooding can result from natural disasters such as hurricanes, excessive rain, or events such...
In Spite of the Law
The law, to borrow a quote from Winston Churchill, “is a riddle, wrapped in a mystery, inside an enigma; but perhaps there is a key.” That “key” is often found in the Wisconsin Statutes which is affectionally referred to as the book of surprises. Hence,...
The Fragrance of Reasonable Accommodations and Settlements, EEOC Style
All Wisconsin employers likely are aware of the requirement to dialogue with a disabled employee about whether a reasonable accommodation would assist the employee to effectively perform the essential functions of the job. While the requirement is...
Children Moving Out? Make Sure They are Still Insured
Often families with teenage drivers living at home do not have those teenage drivers listed as named insureds on the auto insurance policy. Frequently, Mom and Dad are the named insureds on the insurance policy and all the vehicles are listed, and the...
Who Pays Medical Bills Before a Settlement?
If you are involved in a motor vehicle accident, you probably have many questions, including questions about how your medical bills will be paid. If you were injured in a motor vehicle accident due to the negligence of another person, you may recover your...
What Makes Land Agricultural for Taxes in Wisconsin?
Ever wonder what it takes for land to be considered and taxed as “agricultural land”? In State ex rel. Peter Odgen Family Trust of 2008 v. Bd. of Review, 2019 WI 23, the Wisconsin Supreme Court recently held that a “business purpose is not required in order for land...
Why Won’t the Bank Honor My Power of Attorney?
When you have been appointed as an agent under a Durable General (Financial) Power of Attorney, you presume that financial institutions will honor the document appointing you and provide you with access to funds and financial information on behalf of the...
Naming a Trust as the Beneficiary of a Tax-Qualified Retirement Account
Many have heard the quote often attributed to Benjamin Franklin, “In this world nothing can be said to be certain, except death and taxes.” The sentiment behind this quote remains as relevant today as it did then, particularly in the context of...
Accounting for Digital Assets in your Estate Plan
Like many things rendered obsolete by the progress of technology, older estate plans may not adequately address the realities of the digital age. In the last 15 years, the Internet has become commonplace and many transactions are now recorded...
A Business Check-up Checklist
If you are a business owner, then you, no doubt, have or will go through the process of finalizing your financial statements and gathering your other accounting records and tax documents for your CPA. I encourage you to take time to also locate your...
Statutory Requirements for Record Books
There are statutory requirements as to certain records that must minimally be kept in a Corporate/Company Record Book. These records vary based on the type of company. The following is a list of different types of records to be kept for LLCs and...
Steps to Preserve Your Claim in a Premises Liability Case
Anderson O’Brien handles many claims involving individuals who injure themselves after falling or tripping due to ice or some other unsafe condition or obstacle. These types of cases are called premises liability cases. They occur frequently, especially...
Grandparent Visitation Rights Awaiting Wisconsin Supreme Court Decision
In 2000, the United States Supreme Court found in Troxel v. Granville that parents have a constitutionally protected interest in the care, custody, and control of their children. The Supreme Court concluded that a trial court must give some special weight...
Governmental Immunity and the Known Danger Exception
The governmental immunity statute grants immunity to governments and their officers from certain lawsuits related to intentional wrongful and discretionary acts. Governmental immunity laws trace their origins back to British common law and the idea that...