Articles
Completing LLC Organization Through Agreements
You have made the decision to start your own small business. That is great news! But what steps should you take now to properly organize your limited liability company? In Wisconsin, the first step of limited liability company formation is to decide on a name and file...
Harassment Restraining Orders: What You Need to Know.
Harassment restraining orders are appropriate when another person threatens, attempts or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. These types...
When $100,000 is not $100,000 – Understanding Underinsured Motorist Limits in Wisconsin
Any regular reader of our newsletter, or attendee of our seminars, has heard the repeated importance about having enough underinsured motorist coverage (UIM) to protect yourself if you’re injured in an auto collision. UIM coverage provides a pot of money to...
Employers in Early 2021: Review, Revise and Communicate FFCRA Leave and Vaccine Policies
Although the succession in presidential administrations from Trump to Biden will almost certainly bring many changes to employment and labor law rules and regulations in 2021, the more immediate concern for Wisconsin employers is to review and, if necessary, revise...
Defective Home Construction? Know Your Rights and Responsibilities
Are you thinking it is time to build your new dream home or do some remodeling to your existing home? Are you a busy homebuilder just trying to keep up? In either case, you should be aware of a Wisconsin statute that sets out procedures for addressing defects that...
Transfer on Death Deeds
As you begin to think about the best structure for your estate plan, you are likely guided by one thought, which is how do I avoid probate? The consensus about probate is that it can be costly and time consuming. For that reason, many people structure their estate...
What Happens if a Minor Inherits Money in Wisconsin?
When an individual dies, their assets are distributed to their beneficiaries through a variety of procedures depending on their estate planning choices. The most common beneficiaries of an estate are either a surviving spouse or the adult children of older parents....
Contractors Beware – the Theft by Contractor Statute Imposes Stiff Penalties
Wisconsin has codified a “Theft by Contractor” statute under Wis. Stat. § 779.02(5) which imposes stiff penalties if violated. There are several potential penalties for violating this statute. If such a claim is proven, a contractor could be subject to criminal...
My Garage Is Bigger Than Yours
As of late, Wisconsin courts have been grappling with one of the most important questions facing the nation: What is a garage? Is it defined by size or exterior proportions? Do the construction materials define what it means to be a garage? Attached or detached? Is it...
The COVID Trials
The constitutional right to a jury trial does not take a back seat to coronavirus (COVID-19.) Yet, COVID-19 has impacted the ability of courts to supply juries for trial. The Seventh Amendment codifies the right to a jury trial not only for criminal trials, but in...
Employees’ Voting Rights in Wisconsin
With in-person national, state and local partisan voting set for Tuesday, November 3, 2020, it is timely for employees and employers to review Wisconsin law with respect to voting rights. An employer must allow an employee to be absent from work to vote in a political...
TIF – A Development Tool for New and Expanding Businesses
My litigation practice has taken me into many areas of law in my career, including handling matters for both municipal and business clients that involve tax incremental financing (TIF.) Despite these turbulent economic times, new and existing businesses as well as...
Don’t Get Burned by “Fire” Insurance’s 12-month Statute of Limitation
If you were trying to get yourself to sleep by perusing the Wisconsin Statutes on Insurance Contracts, you may run across Wis. Stat. § 631.83(1)(a) – statutory periods of limitation on fire insurance. The section states: “An action on a fire insurance policy must be...
What is a Supported Decision-Making Agreement?
A supported decision-making agreement is a method of decision-making available to individuals with disability through an arrangement with another trusted person. These agreements give individuals with functional impairments the ability to create a formal arrangement...
Estate Planning for Second Marriages
Although second marriages are more common than ever, developing an estate plan for couples in second marriages can be complicated and challenging, especially when one or both spouses have children from prior relationships as well as an accumulation of wealth and...
What Does “Sound Mind” Mean When Writing a Will?
A last will and testament, along with other important estate planning documents, records a person’s decisions regarding the disposition of their property upon their death. Once you turn 18, you can write and amend your estate planning at any point during your life, so...
So, You Want to Sell Your Life Estate?
Many people have established a life estate in their residence to protect it if they require Medicaid benefits to pay for their long-term care. A person establishes a life estate in their residence by signing a deed which transfers ownership to their desired...
The First Ruling on Issue Finds No Insurance Coverage for Business Interruption Due to COVID-19
This article is a follow-up to my article of May 4, 2020, which addressed litigation and claims involving business losses as a result of COVID-19. Hundreds of lawsuits have been filed throughout the country by business owners who have been forced to close their doors...