Articles
May I Go to Another State to Get a Speedy Divorce?
In Wisconsin, there is a 120-day waiting period for divorces. After the summons and complaint are served on you or your spouse, the earliest you could be divorced is roughly four months later. However, for most people, settling divorce issues takes significantly...
Updating a Business Name in Wisconsin
Maybe your business has changed or maybe your tastes have, but the good news is that your business is not stuck with the first name you chose. The steps below describe how to legally change the name of a Wisconsin corporation. When changing your business’s name, it is...
Are You Ready to Build a House?
Are you ready to finally build the new home you always dreamed of? Perhaps you are considering adding on to your existing home. Construction projects are expensive. The last thing you want to discover after the project is over is that an unsatisfied construction lien...
Going It Alone In Court
Individuals have a right to self-representation in Wisconsin courts and in federal court.[1] Pro se is Latin for “on one's own behalf.” When a litigant proceeds without legal counsel, they are said to be proceeding “pro se.” See, e.g. Rivera v. Florida Department of...
Deeds, Deeds, Deeds
Often when individuals purchase real estate, their understanding of the transaction is that the Seller will convey the real estate by executing and recording a deed. However, there are actually various types of deeds, each with their own set of warranties or...
Family Court is a Court of Equity
Often when trying to define what “equity” means in the legal context, people use words like “fair” or “equal” but neither of those really encompass what it means for the Court to be a “court of equity.” So, I am going to try and explain what it means without using...
WI Supreme Court Rules Against Bars and Restaurants on COVID-19 Pandemic Financial Losses
This article is a follow up to one I wrote on August 10, 2020 relating to potential insurance coverage for business losses due to the government shutdowns and restrictions for in-person dining during the COVID-19 pandemic. The first lawsuit on this issue was filed...
What is a Real Estate 1031 Excange?
In the field of real estate, a commonly used term is a 1031 Exchange. But what exactly is that? A 1031 Exchange is aptly named after Section 1031 of the U.S. Internal Revenue Code, which permits the deferral of capital gains tax in certain real estate transactions....
Are Contractors Actually Fully Insured?
Anyone who has inquired with, or hired, a contractor or homebuilder has invariably seen or been told by the company that they are “fully insured.” More times than not, this statement simply means that the company has a standard commercial general liability (CGL)...
Real Estate Interests
Legal interests in real estate seem simple upon first consideration – someone may own a home, and when they sell it, the buyer owns it. However, even such “simple” purchase and sale arrangements are often layered with other forms of legal interests being retained or...
Tips to Avoid Scams and Identity Theft
In today’s fast paced world, there is no end to the types of scams that target people of all ages, income levels and backgrounds. According to the Federal Trade Commission, one out of every ten adults in the United States will become a victim to a scam or fraud every...
Do Pedestrians Have the Right-of-Way?
I recently heard someone say as they confidently stepped off a curb into the street, “In Wisconsin, cars have to stop for us. Pedestrians always have the right-of-way.” Having grown up in Michigan, where our rules of the road have their own oddities (look up a...
Tax-Exempt Nonprofit Organizations in Wisconsin
Do you hold a charitable intention close to your heart but are not sure on how to begin the process to form your new organization? It is important to note that a nonprofit and a tax-exempt are commonly thought to be the same entity; however, these entities have a...
Hospital Liens: A Threat to Your Personal Injury Case
If you have health insurance, Medicaid or Medicare and you go to a hospital in your insurer’s network for treatment, the hospital is required to submit the treatment bills to your health insurer, Medicaid or Medicare. You may have to pay a deductible, co-pay or...
Spoliation of Evidence
Spoliation is the “intentional destruction, mutilation, alteration, or concealment of evidence.”[1] The legal maxim In odium spoliatoris omnia praesumuntur means “all things are presumed to the prejudice of the despoiler.” If a potential litigant or party destroys,...
Is It Legal to Write Your Own Will?
We often hear this scenario: you handwrite your final wishes and sign the document before storing it in your safe, bank box or another safe place. Is this document a valid Last Will and Testament to carry out your wishes? In Wisconsin, this handwritten document is...
The ABCs of ATVs and UTVs
In Wisconsin, all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are becoming increasingly popular not only for recreation but for travel between and within local communities. In turn, more cities, villages, towns and counties are opening roads, streets...
How do Gift Taxes and Annual Exclusion Gifts Work?
Many people are aware that gift taxation rules exist, but do not understand the actual process for determining when reporting or payment is required. Fortunately, the types of gifts most people make each year fall under broad exclusions to the gift tax rules such as...