Blog Articles
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...
What is the Foreign Investment in Real Property Tax Act?
When you are buying real estate there are many different documents that need to be executed at closing. One of those documents is the FIRPTA Affidavit. Although this document is only executed by the Seller, it is still important that the Buyer understands the...
Can Amazon be Held Responsible for Defective Products Sold by Third Party Vendors?
Amazon, the e-commerce giant, sells over 350 million products online, which includes millions of products from third-party vendors. More than 95 million Americans now have Amazon Prime memberships. What happens if someone gets seriously injured by using a defective...
How to Prepare for Your Estate Planning Meeting
The thought of preparing an estate plan can be overwhelming. This is especially true if you are completing the estate planning process for the first time. You may have a long list of questions or perhaps you may not know where to begin. An experienced estate planning...
World Elder Abuse Awareness Day – June 15th
World Elder Abuse Awareness Day (WEAAD) is June 15th. WEAAD is observed the same date each year and was launched in 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. Its purpose is to provide...