Articles
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...
An Employment Law Lesson Learned by a Gourmet Cookie Company
Most employers know that it is illegal to discriminate in the employment process. Employment discrimination commonly occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, gender, disability, religion, or...
Arbitration? What am I Gaining? What am I Losing?
You have probably heard the word “arbitration” before. Maybe you have purchased a consumer product and looked at the fine print to discover a reference to arbitration. Perhaps you have seen a reference to it in some other context. In some situations, such...
Protect Your Rights After a Hit-and-Run
When people envision an auto wreck, their minds usually go to an image of two crashed vehicles on the side of the road, and the police are present talking to the parties and witnesses to document what occurred. As a result, an accident victim can readily...
Seven Things You Need When You are Personal Representative of an Estate
Being asked to wind up the affairs of a deceased loved one may feel like an honor, but the duties of a Personal Representative, or Executor, as the position is sometimes called, can also be complicated. If you have been named as Personal Representative in...
Trust Settlements – How to Navigate the Process
Regardless of the type of estate plan you have set up, if someone passes away, there are a number of matters that will need to be addressed. A trust sets up the terms for how a trustee should administer the affairs and assets of the deceased. Below are...