Wisconsin Recent Legal Answers from Lawyers

It would depend upon whether your sister is currently a trustee or a sucessor trustee, and what the trust language indicates.  If your sister is a successor trustee that moves up to trustee only after your mother is incapacitated, or passes away, then yes, if the trust allows, your mother can amend her trust and then change her successor trustee to remove your sister and add your brother.  If your sister is a current trustee, the trust language should dictate on how to remove a trustee and under which circumstances.  If the trust language does not allow removal of your sister, and you feel that your mother will possibly be victimized by your sister, then you would have to ask a judge to remove your sister as trustee.  Let me know if you have any further questions.   Pamela W. Flores Flores Legal Group, LLC pam@floreslegalgroup.com 262.420.8582... Read More

Yes.  You should always update your estate plan when moving to a new state.  In addition, you would want to transfer any real property to your new trust as well as your other titled accounts.  Last, you would want to update your power of attorney, medical power of attorney as well as any guardianship type documents to be sure your selections are current and the way you would like them.  ... Read More

Generally while the case is open, there will be a no contact order in place. You can get that dropped by getting a safety plan in place. As far as the self-defense claim, it's not technically relevant whther they are still in a relationship. What matters is what happened that day. Nevertheless, the context can always sway the judge or jury.... Read More

If there is not a will,  your aunt is correct in that you and any of your siblings would take the place of your mom who has since passed away. In order to determine whether you and your sibling(s) would take your mom's place in the distribution would be determined by your grandmother's will.  It will depend upon what the will says will happen when a beneficiary (your mom) passes away before the will maker (your grandmother).  You should call the attorney who is handling the probate matter to confirm that the will has your mother's decendents (you and your siblings) receiving any distribution.  This is a very common situation where the children take the place of their deceased parent when a grandparent passes away.  To be sure, give the attorney a call to confirm this.  You will want to be sure to give them your contact information as well so the attorney can get it touch with you and/or would know where to send a check.  ... Read More

"Immediate danger to self or others" is the test for admission to a psychatric hospital. The test for guardianship is whether, due to a physical or mental condition, the person is unable to provide for her own food, shelter and medical care or unable to manage her own finances.   If your mother has grandted someone a power of attorney for finances, that person, too, can access her accounts and pay for her care.  If your mother has granted someone a power of attorney for healthcare, that person can speak for your mother when she cannot communicate.  Other than a guardian of her person, only your mother has the authority to decide where she lives.... Read More

Yes in small claims in the County where the accidetn happened.  However, before you do siply report the accident and damage to your friend's auto insurer as they may just voluntarily pay for the damage/repair.  If not make sure to name the friend and the auto insurer in your small claims lawsuit.  good luck.... Read More

Social Security Disability Insurance is unaffected by assets.  It is like receiving your Social Security retirement benefits early. Supplemental Security Income has a $2,000 liquid asset limit.  To avoid exceeding it (and losing SSI/Mediciad while over that limit), people must transfer the funds to a special needs trust, an ABLE account or "spend down" in the month of receipt.... Read More

Given the facts as you have presented them, it may be difficult for you to pass the public charge requirement. If you have independent means of support, that may help. If you or your girlfriend have close relatives with US citizenship or permanent resident status, they could perhaps assist with co-sponsorship. On the public charge issue, USCIS will consider a totality of circumstances to determine whether you should be approved, denied, or required to post a public charge bond. 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 More

You can include such a provision in your contract, but it's a bad idea.  What's a dishonest statement?  Does the person have to know it was false when he/she made it?  If so, how are you going to prove that the person knew he was lying?  ARe all false statements equal?  What if a person says they will be at an appointment at 3 and they arrive at 3:01?  Is that equivalent to someone falsely stating that they have done repairs up to code when they  haven't?  Do you have to endure 4 instances of such extreme misconduct before you can terminate the contract?  If someone says it will cost $200 and then only charge $100, is that a dishonest statement?  In general, tying a right to terminate a contract to a dishonest statement is too vague.  Better to tie it to actual performance.  Off the top of my head, I think a bettwr way to go is something along the lines of a requirement that the vendor must give at least 24 hours written notice if it is unable to keep an appointment or is going to be more than 15 minutes late and a failure to do so will be considered a material breach of the contract and grounds for termination.  There's no reason to allow a certain amount of screw ups because you can always forgive them if you want, but at least reserve the option to terminate the contract if you want.... Read More

When people die without a Will, any property left after all debts are paid goes to their heirs at law.  From your description, your father and his sister are your grandparents' only children.  What they do with their respective inheritances is up to them.  Your father can leave his to whomever he wishes in a Will or see it pass to his heirs at law.  You aunt can leave hers to whomever she wishes or see it pass to her heirs at law.  If your aunt dies without a Will before her husband, her inheritance will pass to him.  He can then do whatever he wants with it.  If he then dies without a Will, it will pass to his heirs at law, not to hers.... Read More

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 More