Recent Blog Posts
What Are the Disclosure Requirements in a Wisconsin Home Sale?
The purchase of a home is a complex process that has a significant impact on both the buyer and the seller. As such, a successful purchase requires a certain level of transparency and trust between the two parties. When a buyer or seller does not act in good faith or fails to fulfill an obligation, major obstacles to the sale can arise, not to mention legal issues that often must be resolved through real estate litigation. One such issue that Wisconsin home buyers and sellers should be aware of is the seller’s failure to make required disclosures about the property.
What Does a Seller Need to Disclose?
In Wisconsin, once a buyer and seller agree to a purchase contract for a residential real estate property, the seller is usually required to complete a Real Estate Condition Report and provide it to the buyer within 10 days. In the report, the seller must disclose any known defects in or on the property that would have a significantly adverse impact on its value, expected lifespan, or the health and safety of its occupants. The disclosure form includes questions regarding defects in a variety of categories, including but not limited to:
Driving on Bridges Is Especially Dangerous in Winter Weather
During the winter in Wisconsin, snow and ice can make driving more difficult and dangerous on any roadway. However, bridges and overpasses are often some of the most dangerous locations. Milwaukee has recently seen a clear example of this in the form of an accident in which a driver lost control on a snowy overpass and fell more than 70 feet to the road below. Fortunately, the driver survived, and no other people were injured, but if you are injured in a car accident on an icy bridge, it is important for you to understand whether you can obtain compensation.
Why Are Bridges Dangerous in Winter?
Ice tends to accumulate quickly on bridges, overpasses, and other elevated roadways whenever there is winter precipitation, including snow, sleet, and even rain. This happens for a couple of reasons. First, these surfaces are raised away from the ground, removing them from sources of heat that can help to melt ice on roadways at ground level. Second, cold air travels across both the top and bottom of a bridge or overpass, and this can cool any moisture and cause it to freeze.
How Are Business Assets Handled in a Wisconsin Divorce?
In Wisconsin, when a couple ends their marriage through a divorce, there is a presumption that their property will be divided equally between the two spouses. You may be aware that this often includes the couple’s home, vehicles, valuable household items, and financial accounts, but it may come as a surprise that in many cases, it also includes a business owned by either spouse. Dividing business assets in a divorce comes with its own set of complications, and it is important to work with an experienced attorney who can help you protect your assets and reach a fair resolution.
When Is a Business Divided in a Divorce?
The division of property in a Wisconsin divorce includes most assets acquired by either party during the marriage, whether or not they are explicitly held in joint tenancy or co-ownership by both spouses. This means that a business that you or your spouse started or acquired while you were married is usually subject to division. However, there are a few exceptions. If the business was acquired through a gift or a situation involving another person’s death, including an inheritance, trust distribution, or acquisition by right of survivorship, then it may remain the property of the spouse who acquired it. The same is true if the business was purchased using funds acquired in one of these ways. Your attorney can help you determine whether your business may qualify as your own personal property, rather than the community property of your marriage.
Renewing an Expired Healthcare Professional License During COVID-19
Under normal circumstances, reinstating a lapsed or expired healthcare professional license in Wisconsin can be a challenging process, with requirements often including renewal fees and late fees, and the demonstration of up-to-date education and recent work history in a position that requires the license in question. However, during the COVID-19 national health emergency, the demand for healthcare professionals has greatly increased, leading the Wisconsin government to temporarily waive some of these requirements.
While the rollout of vaccinations has offered hope that the worst of the pandemic may soon be in the past, there still remains significant work to disseminate the vaccine and care for those who are infected. If you are interested in continuing your career in healthcare and providing a vital service to your community, now is a great time to renew your professional license.
How Is Guardianship Determined During the Wisconsin Probate Process?
In Wisconsin, one important matter that often must be settled during the probate process is the legal guardianship of minor children who survive their parents. While it may be difficult or uncomfortable for parents to think about this scenario, there are things that they can do during their lifetime to make this process as smooth as possible if it does become necessary. In some cases, however, the determination of guardianship may be more complicated and must be resolved through probate litigation.
How Do Wisconsin Courts Appoint a Child’s Guardian?
In most cases, if only one of a child’s parents passes away, the other parent will remain the child’s legal guardian and maintain all parental rights. However, if both parents are deceased, and the child has not reached the age of 18 and legal adulthood, a legal guardian must be appointed in probate court.
What Should I Do if I Am Injured in a Wisconsin Snowmobile Accident?
In Wisconsin, many people take advantage of the winter weather at this time of year to ride their snowmobiles. This popular hobby can be a source of enjoyment and excitement, but it can also be dangerous. Snowmobile accidents are fairly common in Wisconsin, and many result in serious injuries and even death. If you have been injured in a snowmobile accident, you should know the steps that you can take to give yourself the best chance of recovering damages.
Steps to Take After a Snowmobile Crash
Injury victims from snowmobile crashes have the option to pursue compensation for their damages if the accident was caused by another negligent party. After an accident in which you are injured, you should do the following:
- Notify law enforcement. Wisconsin law requires anyone involved in a snowmobile accident that results in injury or fatality to stop and exchange information with other involved parties, to alert law enforcement as soon as possible, and to file a report with the Wisconsin Department of Natural Resources within 10 days.
Can Wisconsin Child Support Be Modified Due to a Change in Income?
Whether a child’s parents are married, divorced, or unmarried, the child is entitled to financial support from both of them. In the case of divorced or unmarried parents, this usually comes in the form of court-ordered child support that one parent pays to the other for the purpose of providing for the child’s needs. The amount ordered depends on a variety of factors, but the most important are the income of the paying parent and the placement schedule of the child or children. If a parent’s income changes after the initial child support order, it may be possible to ask that the order be reviewed and modified to account for the current circumstances.
How Does Winter Weather Affect My Wisconsin Personal Injury Case?
Each year, winter weather conditions such as snow and ice are responsible for around 50,000 car accidents, 5,000 injuries, and 45 fatalities statewide, according to the Wisconsin Department of Transportation. Many of these are single-vehicle accidents related to the increased difficulty of keeping a car under control. However, a good number of these crashes involve multiple vehicles, and when this is the case, driver negligence can still be a factor. If you are injured in a crash with another driver during dangerous weather conditions, an attorney can help you understand your options regarding a personal injury claim.
The Importance of Driving Safely in the Winter
In Wisconsin, drivers have a duty to operate their vehicles with reasonable care and consideration for the safety of others on the road. This applies even when winter weather conditions make driving inherently more dangerous, which means that anyone who drives in these hazardous conditions needs to take extra precautions.
Gov. Evers Declares New Public Health Emergency Regarding Face Coverings and Vaccine Distribution
As COVID-19 vaccines are being provided to people throughout the state of Wisconsin, Governor Tony Evers has issued a new emergency order requiring the state's residents to use masks or other face coverings whenever they are indoors or in an enclosed space and around people who are not members of their immediate family. This order comes as part of the state's effort to administer vaccines. Since the supplies of vaccines are limited, health care workers have been given the top priority for vaccinations, and the state has also begun administering vaccines to first responders. People over the age of 65 will be prioritized in the next round of vaccines. By continuing to wear masks and practice social distancing, Wisconsinites can remain safe until everyone has had the chance to be vaccinated. For more information, please visit the state of Wisconsin's COVID-19 web page. Here is Gov. Evers' press release:
Adjusting Retirement Plans After a Wisconsin Divorce
Like all other types of marital property, retirement accounts are included in the equal division of assets in a Wisconsin divorce. This often means that those who expected to rely on their spouse’s contributions, or at least combined contributions from both spouses, to fund their retirement will face the difficult prospect of adjusting their retirement plans to account for their new circumstances. However, it is possible to recover from the effects of your divorce with some smart decision-making and strategic planning.
Dividing Retirement Accounts Correctly
One of the best ways to prevent your divorce from having an outsize effect on your retirement is to think carefully about how you will divide the assets in your retirement accounts. If you and your spouse are negotiating the division of property, you may be able to reach an agreement in which each spouse retains the full amount of any retirement account in his or her name, while offsetting differences in value with other assets as necessary.