WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
How can I make a claim for surplus proceeds in a foreclosure action?
Property owners, creditors and other interested parties who have been named in a foreclosure action due to an interest they have in real property may have the right to make a claim for any remaining surplus proceeds.
When a bank or mortgage loan servicer files for foreclosure, they are generally required to name all necessary parties as defendants in the lawsuit. Necessary parties in foreclosure actions include owners of the property, as well as any other party that holds a mortgage, lien or other interest in the property. After the judgment of foreclosure is entered and the applicable redemption period expires, the property can be sold at a sheriff’s sale. If the price obtained at sale is greater than the amount of the judgment, a surplus is created.
Wisconsin has specific statutes that govern what happens with sheriff’s sale proceeds, which may include surplus proceeds. Section 846.16, Stats. provides that the proceeds from the sale are deposited with the clerk of court until paid to the “parties entitled thereto.” The plaintiff is automatically paid the amount of their judgment and costs in the order confirming the sale. But any other party that has an interest in the property is responsible for asserting that they are entitled to receive any surplus funds. These parties can include other creditors or lien holders, but also the prior owner of the property. Section 846.162, Stats. provides a way for other parties to file a motion for the payment of any surplus proceeds.
Can Student-Athletes in Wisconsin Earn Money From Endorsements?
Historically, the NCAA has prohibited college student-athletes from accepting money in return for endorsements to ensure athletic programs were not “pay for play.” Until recently, the only way student athletes could legally receive compensation was through scholarships. Many believed that this was unfair to student-athletes, since universities could make a great deal of money from TV broadcasts and licensing deals, and even though these earnings would not be possible without students’ participation, the rewards received by many students were very limited. However, this has changed in recent years as multiple states have passed laws allowing students to earn money through licensing rights for their name, image, and likeness (NIL). In response to these laws, the NCAA created a new policy in 2021 allowing student-athletes to engage in these types of endorsements. For those who are considering earning money or other compensation with their NIL, it is important to work with an attorney who can provide representation for college student athletes and ensure that their rights and interests will be protected.
How Can College Students Be Affected by Sexual Misconduct Accusations?
It is not uncommon for college students to pursue sexual relationships with others. However, despite best efforts to ensure consent, there can sometimes be mixed signals or miscommunication. There are also unfortunately instances where no form of consent is obtained. In some cases, students may be accused of committing sexual assault or other forms of sexual misconduct. These students will need to understand the potential consequences they may face, including criminal charges and administrative penalties at a university. To ensure that their rights are protected, those who have been accused of misconduct should work with an attorney who is experienced in representing college students.
Administrative Penalties for Sexual Misconduct
A student who is accused of committing sexual assault or other forms of sexual misconduct may face penalties from their school, even if they are never charged with or convicted of a crime. Once a complaint of sexual misconduct is made to a school’s Title IX office, the school will perform an investigation to gain information about the facts of the case. In some cases, the school holds a hearing to determine whether misconduct occurred, and issue penalties, which may include suspension, expulsion, or restrictions on the types of activities a person can participate in or their contact or communication with the alleged victim.
Can the Contents of a Will Be Sealed in Wisconsin?
Recently, the BBC reported that the last will and testament of Prince Philip, the late husband of England’s Queen Elizabeth II, would be sealed for 90 years following his death in April of 2021. While the laws surrounding wills are different in the United States, and they can vary from state to state, some Americans may have wondered if they can take advantage of similar options to ensure that their private affairs will not be made public following their death. By understanding how probate matters are handled in Wisconsin, the state’s residents can determine the best steps they can take to make sure their wishes will be followed correctly while maintaining privacy whenever possible.
Wills and Probate Court
Following a person’s death, the executor of their estate will file their last will and testament in probate court. During the probate process, the executor will take an inventory of the estate, pay any applicable debts or taxes on behalf of the decedent, and distribute the person’s assets to their heirs while following the instructions the decedent provided in their will. Matters handled in probate court are part of the public record, which means that the contents of a last will and testament will be publicly accessible. Court records related to probate litigation will also be available to the public.
What Do I Need to Disclose When Applying To Renew My Medical License?
By: Attorney Kristen Nelson
Doctors and other medical professionals are required to maintain a valid medical license. These licenses must be renewed every two years, and the deadline for renewing a physician’s license is October 31 of odd-numbered years. Doctors who are planning to renew their license will need to understand the information they will need to provide in their renewal application. Those who are concerned about the denial of a renewal based on the information they disclose can work with a professional license defense attorney to determine their options for ensuring that they will be able to maintain a valid license and continue practicing medicine.
Information Required in a Medical License Application
In addition to the application form itself, a person will need to provide the following documentation when renewing their medical license:
How Do Wisconsin’s Laws Address Marijuana Possession?
In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.
Marijuana Possession in Wisconsin
While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.
How Is Child Support Determined When Parents Share Placement?
In cases where parents are no longer in a relationship, both parents will be required to support their children financially. While child support is a factor in situations where married parents get divorced, it may also need to be established in other cases, such as when unmarried parents end their relationship. The laws in Wisconsin use a "percentage of income" standard to determine the amount of child support obligations, and the amount paid by the paying parent is calculated by taking a percentage of their gross monthly income based on the number of children being supported. However, this may not address situations where children will spend significant amounts of time in both parents’ homes. In these cases, some additional calculations will need to be performed to determine the parents’ child support obligations.
Child Support in Shared Placement Situations
If a child custody order states that both parents will have physical placement of their children at least 25% of the time, meaning that children stay with each parent for at least 92 days per year, child support obligations will be determined for both parents using the percentage of income standard. Each parent’s obligation will be multiplied by 150 percent to account for the duplication of certain expenses in both parents’ homes. Each parent’s amount will then be multiplied by the percentage of time the children spend with the other parent. The amounts will be offset to determine the amount that one parent will pay to the other.
How Is Child Custody Addressed in a Same-Sex Divorce?
Since 2014, same-sex marriage has been legal in Wisconsin, and LGBTQ couples have the same rights as opposite-sex husbands and wives. These rights also extend to divorce, and if a same-sex couple chooses to end their marriage, each spouse’s rights will be protected when addressing issues such as property division and spousal support. Same-sex parents will also usually have the right to share child custody. However, there are some complications that may arise in these cases, and LGBTQ parents should be aware of how these matters may be handled when they get divorced or when partners break up.
Issues Related to Child Custody in an LGBTQ Divorce
Wolf v. Walker, the Wisconsin Supreme Court case that legalized same-sex marriage, made it clear that when the state’s laws refer to a "husband and wife," this also includes same-sex couples. This means that same-sex parents will share the same rights toward children as opposite-sex parents. This may become an issue when determining paternity for a child. If a child is born to a mother who is legally married, her spouse will be recognized as the child’s parent, regardless of that spouse’s sex. This will ensure that a same-sex spouse will have parental rights if the parents get divorced, even if the spouse is not the child’s biological parent.
What Are My Options if I Was Excluded from a Loved One’s Will?
When a person creates a last will and testament, they will make decisions about what should be done with their property and assets after their death. A person may choose to divide their assets among their loved ones, including their spouse, children, or other family members, and they may also specify that money or assets should be donated to charity or used for other purposes. In some cases, a person who expected to receive an inheritance may find that they were excluded from their loved one’s will, and they may wish to pursue probate litigation to address this issue. In these situations, a person will need to understand their rights and legal options.
Contesting a Will in Wisconsin
The terms of a person’s last will and testament will generally be followed, as long as the will was valid and executed correctly. In some cases, a presumed beneficiary may contest the validity of a will. A beneficiary may claim that the person did not have “testamentary capacity,” meaning that they were not of sound mind when they created their will or did not fully understand the decisions being made. A will may be challenged if a beneficiary believes that someone exerted “undue influence” on the person, such as by threatening or coercing them into creating a will that went against their actual wishes. Challenges to a will may also be based on claims of fraud or forgery, such as the belief that the will was altered by another party after it was signed.
When Can Beneficiaries Pursue Trust Litigation Against a Trustee?
There are multiple types of trusts that can help protect assets. When a trust is created, assets will be placed in the control of a trustee, who will ensure that money or property will be properly distributed to the beneficiaries named in the trust. However, disputes can sometimes arise between the beneficiaries of a trust and the trustee. In these cases, beneficiaries will need to understand their legal options, including whether they can pursue litigation and what remedies may be available for a breach of trust.
Breach of Trust Litigation
A trustee owes a fiduciary duty to the beneficiaries of a trust. This means that they are required to act in the beneficiaries’ best interest when managing the assets in the trust and distributing assets to beneficiaries. Beneficiaries may believe that a trustee has committed a breach of trust if they failed to follow their fiduciary duty. For example, a trustee may be accused of mismanaging the trust’s assets or using assets in the trust to pay themselves more than what would be appropriate. A trustee may also have a conflict of interest when managing assets, such as by using the funds in the trust to invest in a business that they own.
