Wisconsin Recent Legal Answers from Lawyers

If your mother is not demented, she has the legal capacity to make her own decisions.  These choices may not seem rational to you but you cannot experience what she experiences or know what she knows, regardless of whether she articulates it.  It is hard to let someone go.  But letting people live their own lives, make their own choices, die their own deaths is an act of respect and love.  That said (and experienced), you might ask your mother's physicians whether depression could be influencing her decisions.... Read Answer

Assuming that you still do not have final visa availability at the time that your son turns the age of 21, your son may decide to put in an application for F-1 change of status although there is a good chance that it will be denied because of the immigrant intent that he has exhibited through filing the I-485 application. Barring a change of law, your son is only given credit under the CSPA for the period of time that the I-140 petition pended with USCIS. I note that as long as anyone's I-485 application is pending, he or she may continue to stay, study, and work (as long as he or she has employment permission). Hopefully some new law is passed that would alleviate his situation if you encounter the worst case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I'm sorry to hear you are having trouble with your attorney. Personally, as an attorney, I am embarassed that an attorney is ignoring their client. I, nor any other attorney, that has read the facts you present, can competently answer your question. That said, may I suggest you contact the WI Bar and ask them to call your attorney on your behalf to have your attorney return your call. Further, you could contact the court clerk, ask the clerk to schedule a status conference with the judge and let the judge know of your problems. Good luck! ... Read Answer

I will be happy to provide you with advice and guidance on your question.  No membership is required.  However, without knowing the scope of the question, I cannot determine the level of effort required to provide an answer.  I do provide a free initial consultation, and for many questions we can reach an anwer in the initial consultation, without any charges. Here's what I propose.  Why don't we have an initial consultation?  You will present your question and I, without answering it, will provide you with a quote, if there would be any charges at all for delving into the question.  If my quote is acceptable to you, you can engage me to answer your question. Regards, Anthony Claiborne Claiborne Intellectual Property Law Services 425-533-6132... Read Answer

If you buy a mortgage and/or tax liens, you would acquire the rights of the curent mortgagee/lienor and would be able to foreclose on those debts, meaning that you could force the sale of the house to pay them.  If you wanted the house for yourself, you could work out an agreement with the homeowner or you could bid at the foreclosure sale, at which time you would have an advantage since you could bid up to the amounts owed you without having to lay out any actual cash.  For example, if you are owed $100,000 on hte mortgage, you could bid up to $100,000 (leavign aside any fees incurred in the foreclosure process) and could satisfy it by cancelling the mortgage debt, while anyone elswe would actually have to pay it off.... Read Answer

If you want your niece to continue living with you and if both her parents agree, they can sign a Temporary Power of Attorney for Our Minor Child, allowing her to live with you and giving you authority to register her in school, take her to the doctor, etc.  This is revocable at will.  Any family law attorney should be able to provide the form.  You may also be able to get one from your local legal aid (Volunteer Legal Services).... Read Answer

You cannot cash the check without opening an account for the estate.  If there was not enough to make it worthwhile to probate her estate and the amount of the check would not make it worthwhile, you can let the check go to unclaimed property with the state comptroller.  In four to six years (the length varies by state), you and any siblings can apply for the money.... Read Answer

Please talk with your probate lawyer.  In many states an heir's refusal to sign a Distributee's Agreement agreeing to your settling the estate with a power of sale means that the court must supervise the estate administration but not that it cannot go forward.  You might also remind you sister that after the estate is admitted to probate, she can disclaim her interest, giving you a signed and notarized disclaimer.... Read Answer

In many states both parents, acting together, can grant a temporary power of attorney allowing someone to take the child to the doctor, enroll him in school, etc.  This is revocable at will.  Guardianship can only be awarded by a court and usually involves voluntary or involuntary termination of parental rights.  Please see a local family law attorney.... Read Answer

You are not liable to reimburse the grandparents just because you paid part of the expenses, but clearly there is more to the story.  Do the grandparentsclaim that you caused the need for the medical expenses in the first place, for example if the person slipped on a loose board in your house?  Do they claim that you are contractually obligated to pay the expenses, for example an employer may agree to cover certain expenses?  Are you the person's spouse or parent, who might be responsible for their expenses in some circumstances?  In these or other circumstances you could be responsible.... Read Answer