Wisconsin Recent Legal Answers from Lawyers

Not for the acts of its INSURED, but it can potentially liable beyond the policy for its own actions in refusing to settle in bad faith.  The insurance company has no obligation to third parties; its obligation is to its insured pursuant to the insurance contract.  If the insurance company's wrongful acts damage its insured, it can be liable beyond the policy limits.   For example, if there is a $100,000 policy in place and a covered accident causing $1 million in damages occurs, the insurance company's liability is $100,000.  But if the injured party offers to settle for $100,000 and the insurance company refuses to settle, and the injured party eventually gets a judgment against the insured for $1 million because the insurance company refused in bad faith to settle the case for $100,000, it could be liable to its insured for the $900,000 difference.... Read Answer

Yes you can act as both her sponsor and her financial sponsor if your income meets the requirements. An overstay would not be an obstacle if you petition her as a citizen spouse. Consider working with an attorney to represent you from start to finish so the case is processed correctly. The slightest mistake can result in long delays or worse. Some of us charge a very affordable flat fee and counsel anywhere in the USA can represent you. ... Read Answer

Yes, the third party cannot apply for a patent based on your public disclosure. You have one year to apply for a patent from the date of disclosure. Best of luck. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read Answer

When something becomes available to the public either through implicit or explicit disclosure, then it becomes part of the prior art for patent purposes. The disclosure can be a publication for everyone to access on a webpage, technology-related journal publication, or otherwise available to the public. See 35 U.S.C. § 102(a)(1). Therefore, any of the above public disclosures or other means may make it part of the prior art.  Even though you want your invention to be open-source, you can still financially incentivize it in the form of intellectual property licensing. If this is open-source software, then you can license your software for free as long as the non-exclusive licensee (that is a user of license) complies with the terms of the license. Many open-source software providers are highly successful by licensing. Consult an intellectual property attorney for licensing your open-source work. Disclosure: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read Answer

Social Security Disability Income automatically morphs into Social Security retirement benefits in the same amount when you retire.  You cannot receive both at the same time.  It seems unlikely that a pension plan would penalize a member for receiving Social Security retirement benefits.  Once you have clarified the situation, take your pension plan and Social Security documents to a lawyer specializing in that area.... Read Answer

It's difficult to answer without seeing all of the documents, but if there is both a probate case and a trust involved, legally speaking the trust may not have the assets until the probate case is concluded. If the trust doesn't have the assets yet, the trustee can't follow the instruction to make a payment. It might be helpful to talk with a lawyer to get some more information on how trusts and probate works.... Read Answer

In Wisconsin, if the estate (all of the property that does not automatically transer by itself) is over $50,000, you will need to open a probate case to get Domiciliary Letters, which will appoint you as the Personal Representative. You will then have the legal authority to handle all of your late father's assets and property. If the estate is under $50,000, the process is much easier. You can fill out a Transfer by Affidavit form that will give you the same authority without court involvement.  In either case, the forms needed can be obtained from the probate court in the county where your father passed. The probate forms are also available online here, though you may want to talk with someone at the court or a lawyer before you go digging through the forms online, as there are a lot of them and they are not self-explanatory. ... Read Answer

Contact a Wisconsin attorney who does estate AND special needs planning.  You may want to use the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org)   You may want to name your daughter as the beneficiary and a special needs trust for your grandson as the contingent beneficiary on your annuities (assuming that they pay after your death). If you die and your daughter inherits while he is a minor (under 18), she might have too much income for him to continue receiving SSI.  Depending on the circumstances, you may want to name your daughter and a special needs trust for your grandson to each receive a certain percentage of the annuities (and anything else in your estate). Please note that you may want one Will specificially to govern your Stateside assets and another Will to govern your assets in the country in which you live.  Both Wills should state that they only govern the assets in a certain country. There is nothing wrong with using a Stateside "care of" address.  Many Americans resident abroad have US post office boxes specifically to receive their mail, including bank statements.  Many use a service to collect and forward that mail.  ... Read Answer

I am so sorry to hear about your daughters troubles.  We will do whatever we can to help in any way with respect to applying for SSI.  Please call our office, ask for Adam Jefferey.   Our sincere prayers go out to you and your family...   Scott Bocchio,  Esq President Legal Rights Advocates 855-254-7841 www.yourlegalrightsadvocates.com   ... Read Answer

Unfortunately as you probably know by now, there was no stepparent-stepchild relationship established for immigration purposes when you adopted your daughter at the age that you did. She will have to seek to immigrate through some other means. She could possibly do it through employment in the way that many students currently immigrate to the US through graduating from college, obtaining practical training and perhaps later in an H-1B specialized occupation visa status, and having the employer then sponsor her under labor certification for the green card. Such would entail testing the American job market to ensure that she would not be taking away a job from a US worker who is able, willing, qualified, and available to take the position. 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

You would have a case if the person making the false statement either knew it was false when she made it, was reckless in saying it without caring whether it was true, or was negligent in not determining whether it was true before she said it.  In other words, even though this person made a false statement, it is not a slam dunk that you would win, and your actual damages, since your reputation was rescued and you still have your job, are minimal.  This type of case would probably be considered what is known as defamation per se, meaning that you would not have to prove actual damages to be awarded damages by a jury, but given that the person has apologized to you, my guess is that a jury would not be likely to award you a great deal.  Moreover, if you wanted to sue, you would have to make yourself available for scheduled depositions and court appearances, which could be difficult if you travel a lot on your job.  Rather than going through the hassle and expense of a lawsuit, you might be better off just asking for the manager to pay you for what you lost by  having to stop the trip and come back.  She might be willing to reimburse you voluntarily.... Read Answer

For emergency situations involving hospitalizations and imminent peril, U.S.C.I.S. may agree to expedite an application. In your situation, you may decide instead to apply for and request an expedite on an I-131 reentry permit application which acts as a travel document. To do such, you would file the application with fee and at the same time request the expedite including all evidence of the medical emergency of your mother. You could do the same with your citizenship application by writing to the U.S.C.I.S. service center or local field office which is holding your citizenship application at present. 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

It is difficult to answer your question without more facts from you. (1) what is the current placement schedule? Is it shared / equal placement? does the other parent have pirmary placement? (2) how long ago was the child support order set? if more than 33 months, there is a presumption under Wisconsin law, that there is a substantial change in circumstances sufficient to  modify the support order; (3) if you are under a court order to pay child support, and cannot comply due to significant health reasons that impair your ability to work, certainly a letter from your doctor at the preliminary level of the court commissioner hearing may help. Keep in mind that technically, the letter from your doctor is "hearsay evidence" and can be objected to by your ex spouse or their attorney. If the case goes to a contested hearing, you may have to bring in the doctor to testify. It might be best to talk first hand to an experienced family lawyer before filing a motion to modify the support payments.... Read Answer

While there may be other problems with the lease (does the trailer park allow subletting?) being handwritten isn’t one of them.  If the lease is valid, you would breach it and be liable for damages (which, in most leases but perhaps not this informal one, would include attorneys’ fees) if you fail to pay the rent due for the remaining term. ... Read Answer

Jurisdiction is established on where you are living at the time you file for divorce, not where you were married. Under Wisconsin law, to file for divorce, you have to be a resident for 6 consecutive months prior to filing and 30 days in the county where you reside, prior to filing. for legal separation, you only need to meet the 30 day requirement.... Read Answer