By: Attorney Max Stephenson and Paralegal Courtney Hess

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.

By: Attorney Erin Strohbehn

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.

By: Attorney Erin Strohbehn

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.

By: Attorney Erin Strohbehn

Issues related to adult guardianship have been in the news recently due to a prominent legal case involving Britney Spears. The pop star has spoken out against the conservatorship that has given her father and others control over her life and finances. Because of this, people in Wisconsin may be curious about their own rights in guardianship cases. Those who are looking to establish guardianship or conservatorship for an adult and people who may need assistance with their personal or financial needs can consult with an estate planning attorney to understand their rights and options.

Details of Britney Spears’ Conservatorship Case

As a person who is in the public eye, Britney Spears’ personal struggles have been well-known. Following a meltdown in the mid-2000s, she was placed on an emergency psychiatric hold, and this led people close to her to establish a conservatorship in which her father, Jamie Spears, and other people assumed control over her personal and financial affairs. While some people involved have stated that this conservatorship was meant to be temporary, it has remained in place for 13 years. Ms. Spears has attempted to get out of this legal agreement, and she has claimed that she has been forced to take medications against her will and that she has no control over whether she can get married or have children. Notably, Jamie Spears has received compensation for serving as his daughter’s conservator, including an annual salary of $130,000 and a percentage of the revenues from her performances.

By: Attorney Cameron Weitzner

In the 21st century, people spend a significant percentage of their time online or using computer systems or electronic devices. While most computer-related activity is completely legal, certain activities could potentially lead to criminal charges. Those accused of committing computer crimes will need to understand how the law addresses these types of illegal activities and the potential consequences they could face if they are convicted.

Computer-Related Criminal Charges in Wisconsin

Wisconsin law defines a number of criminal offenses related to computers. These offenses may affect computer data and programs (software) or physical computer systems or networks (hardware). Software-related offenses include illegally accessing computer systems or programs (commonly known as hacking) or modifying, destroying, copying, or taking possession of data or related documentation. Hardware-related offenses include the theft, destruction, or unauthorized use or modification of a computer system, network, equipment, or supplies.

By: Attorney Chris Strohbehn

For many people and families, dogs are loving companions. Because of this, it can be easy to forget that dogs can also be dangerous, and they can inflict serious injuries when they bite or attack someone. By working with a personal injury attorney, dog bite victims can take legal action to pursue financial compensation that addresses their injuries and any other damages they have suffered.

Liability for Dog Bites Under Wisconsin Law

Victims of dog bite injuries have the right to pursue compensation from an animal’s owner or another person who was in control of a dog, such as a landlord or pet sitter. Wisconsin law states that a dog’s owner can be liable for the full amount of the damages inflicted by their pet when a dog injures a person or another domestic animal or causes damage to property. 

By: Attorney Chris Strohbehn 

Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or bicycle accident because the person was not wearing a helmet. In these situations, injury victims will need to understand their rights and determine how helmet use will affect their ability to receive compensation for their injuries.

Wisconsin Helmet Laws

The state of Wisconsin strongly recommends that motorcyclists and their passengers and bicyclists wear helmets that meet or exceed the standards for protecting against brain injuries. However, the state does not require either adults or children to wear helmets when riding bicycles. Motorcyclists who are at least 18 years old are not required to wear helmets, but helmets are required for cyclists and passengers under the age of 18. Helmets are also required for people with motorcycle learning permits and any passengers they are carrying. 

By: Attorney Chris Strohbehn

While golf is usually not considered to be a dangerous sport, there are many ways that golfers may be injured, and other people on or near golf courses can also suffer harm due to the actions of golfers or other parties. When these injuries occur because of negligence, victims may be able to pursue compensation through a personal injury claim or lawsuit. However, some unique legal issues can play a role in these cases, and an experienced attorney can help victims understand their rights and options.

Liability for Golf Course Accidents and Injuries

People who are injured on or around a golf course will need to determine the party or parties responsible for causing them harm and determine whether they have a valid claim for compensation against these parties. Some common golf course injuries include:

Over this past Fourth of July, many people enjoyed using or watching fireworks. While they can be a fun way to celebrate the holiday, fireworks can also be very dangerous, and if they are defective or used incorrectly, they can cause serious injuries. Those who have suffered harm or property damage due to dangerous fireworks will want to work with a personal injury attorney to determine how they can recover financial compensation from those who were responsible.

Fireworks Injuries Have Increased in Recent Years

While people regularly suffer injuries from fireworks, the number of people who have been injured has risen over the past few years. The Consumer Product Safety Commission (CPSC) reports that in 2020, more than 15,000 people suffered fireworks-related injuries that required treatment in an emergency room. This was a significant increase from around 10,000 injuries in 2019. The number of deaths related to fireworks also increased, with 18 people being killed in 2020, while 12 people died in 2019.

Most fireworks injuries in 2020 (66%) took place during the month before and after the Fourth of July (June 21-July 21). During this time, burns were the most common type of injury, accounting for 44% of these cases, but people also suffered from contusions (bruises) and lacerations. 30% of injuries affected people’s hands and fingers, while 22% caused harm to the face or ears and 15% affected the eyes. Firecrackers were the most common cause of injuries, accounting for around 1,600 cases, followed by sparklers, which caused around 900 injuries.

By: Attorney Chris Strohbehn

Owners of real estate property are required to pay property taxes, and each year, property tax assessments are performed to determine the value of a property and the portion of a local tax levy that the property owner will be responsible for. A property tax assessment will affect the amount of taxes that a property owner will be required to pay, and property owners will need to make sure their property is valued correctly to avoid being required to pay excessive property taxes. Currently, owners of apartments may be facing financial issues related to the COVID-19 pandemic, especially since the federal moratorium on evictions may have prevented them from removing tenants who have been unable to pay rent. To address issues related to property taxes, apartment owners will need to work with an attorney who can advise them of their options for challenging a property tax assessment.

Property Tax Assessment Appeals for Apartments

Property owners who disagree with an assessment may work directly with an assessor to address this issue. If the issue cannot be resolved satisfactorily, the owner may pursue an appeal with their local Board of Review. If the owner disagrees with the determination of a property’s value made by the Board of Review, then further appeals can be pursued in the Wisconsin circuit court.