Moen Sheehan Meyer Ltd.

What is probate...and do I need an attorney? Probate is the process of transferring property from an estate after death. When someone passes away, his or her assets and property still belong to the estate. A will is in place to provide directions for how the property is to be distributed after death. The process is overseen by the probate courts. Wisconsin Statutes § 851 – 882 govern probate. The law sets forth directions for how probate is to be handled in a variety of instances. The executor of the will is a person named by the testator, the person making the will. The executor or administrator is responsible for making sure that the wishes of the testator are carried out. The executor must gather all of the property that is part of probate, pay the debts and taxes of the deceased, and collect any income owed to the deceased. In addition, the executor may also need to settle disputes that arise in probate. Disagreements are not uncommon between family members during the probate of a loved one’s estate. This can be the source of much stress and discontent as relationships become strained over the situation. When family dynamics become a concern, it can pit family members against each other. These types of disputes need to be quickly and effectively settled. While you are not required to have a probate attorney, it will certainly help. The probate process needs to be completed properly, or it could end up costing you time and money. An experienced probate attorney will handle all types of probate litigation, including contesting a will, probate fraud, contesting the trust, breach of fiduciary duty, disputes over joint bank accounts, death benefit payments, and more. The issues that may arise regarding probate of an estate can be complex. A skilled attorney will be able to get to the heart of the matter and resolve any problems swiftly and efficiently. Sometimes problems arise when a will is not adequately prepared or when there is no will in place. To ensure that your own will is properly carried out, it is helpful to seek expert representation to create your own last will and testament. Your will should be clear, valid, and up-to-date. It should address all of the major issues that concern your estate following your death. It should protect your intentions so that the people whom you love and care about are properly cared for in accordance with your wishes. A properly drafted and executed will can avoid disputes and problems after your death. Whether you are contesting a will or are handling the probate of a will, you can benefit from the guidance of a probate attorney. It is best to seek help from a lawyer as soon as you feel that there may be a need. Your attorney will immediately review the case and assist in every way possible to fairly resolve the estate according to the wishes of the deceased. Contact Moen Sheehan Meyer, Ltd. to discuss your case today.

Should I accept a settlement offer after an accident? Car accidents occur quite often. While they usually result in minor injuries and damage, sometimes the injuries are serious. An accident can leave you with physical injuries and other damages. While you are trying to recover from your injuries, you will likely be contacted by the other driver’s insurance company. They will discuss the accident and take a statement. Car insurance companies generally use standard guidelines to determine the settlement after an accident. As a result, they may offer you a settlement that is less than what you anticipated. It may even be less than your medical expenses. The first thing to remember about settlement offers is that you do not need to accept the first offer that is made. Importantly, never accept a settlement before your injuries are completely healed. You may not know what medical expenses you will incur in the future. You may still need further surgery, physical therapy and more. You cannot take a settlement unless your expenses are complete. When you take a settlement payment, you are essentially settling the case. Once you cash a settlement check, you will usually be precluded from taking any further action to collect any additional compensation for your injuries. This could cause you to take much less than what you deserve. It is no surprise that insurance companies try to settle cases for as little money as possible. Many people simply accept this first offer and do not realize that they are able to negotiate a more realistic settlement. Although you can try to negotiate a fair settlement on your own, you are much likely to have better success with help from an experienced Wisconsin car accident attorney. When you want to successfully negotiate a claim, you will need to make sure that you have all of the necessary documentation to prove your case. You may need to have expert testimony about how the accident occurred, witness statements, and sometimes even an accident reconstruction. In addition, you will need to provide proof of your injuries to include medical records, physician reports, medical bills, and more. Each case is different and has a unique set of circumstances. A skilled attorney knows what is needed for your claim and will work to protect your rights and obtain the best settlement possible. Although most cases are settled through negotiations, sometimes a settlement cannot be reached. When that happens, the case will go to court. There, a judge or jury will ultimately decide the case and will determine the appropriate settlement. You may be entitled to compensation for your medical expenses and other things such as lost wages and pain and suffering. You can count on our legal team to work on your behalf to favorably resolve your case. Contact our office at Moen Sheehan Meyer, Ltd. to discuss the details of your injury today.

What is the Discovery Rule in Wisconsin? 🤔 If you were injured in an accident, you may be entitled to compensation from the responsible party. A party that was negligent and caused the injury is liable for paying all damages associated with the accident, including such things as medical bills, lost wages, and more. It is important to file a lawsuit as soon as possible in order to ensure that the claim is allowed. The law provides timelines to file claims. If you fail to file a lawsuit within the timeframe, the court will not allow it to move forward, and you could lose your chance to get paid for your losses. Lawsuits must be brought in a timely manner. The statute of limitations is a legal deadline to file a claim. The statute of limitations is in place to prevent people from bringing lawsuits years after the incident occurred. When too much time has passed, it can make it difficult for both parties to gather the evidence they need to prove their position. The law sets time limits to file a lawsuit based on the type of claim. For most claims, the law requires a lawsuit to be filed within three years of the date of the incident. This includes general accidents, such as vehicle crashes and falls. The statute of limitations for a wrongful death claim is 2 years from the date of death. In medical malpractice claims, you have 5 years to file a claim. There is an exception, called the discovery rule, that may allow for the extension of the time you have to file a case. The discovery rule extends the time limit to file a lawsuit. Wisconsin law states that the statute of limitations does not begin until an injured person “discovered or reasonably should have discovered their injury and its cause.” This is particularly important in cases where a person may not immediately know that they suffered an injury. The injured party may not know that they were hurt within the standard time frame to file a case. Therefore, the statute of limitations clock does not start until the person realizes that they were injured. The use of the discovery rule is an exception to the standard statute of limitations and is not automatically applied. The injured party must prove that they did not immediately know about the injury or the cause of it, and also must provide proof of when they knew about their injury. The statute of limitations begins when a person should reasonably know that they are hurt. It is not enough just to state that you recently learned of the injury. Instead, you must provide evidence to the court in order to be allowed the exception. It is always best to try to file a lawsuit within the statute of limitations. However, there are exceptions for those who did not learn of their injury at the time it occurred. A knowledgeable attorney will guide you through the process of filing a lawsuit, including gathering the evidence and documentation necessary to prove your claim. To learn more, contact us at (608) 784-8310 or online to schedule a consultation.

Is the Mediation Process Confidential? Alternative Dispute Resolution (ADR) offers non-traditional options for resolving disputes. The most common types of ADR methods include arbitration, mediation, and negotiation. ADR is useful in helping parties come to an agreement that is good for both sides. Mediation is one of the most common types of ADR. A mediator works with parties to facilitate a resolution to a particular dispute. A mediator is a neutral third party who has training and expertise in handling dispute resolutions. This is a more relaxed ADR option than arbitration, which has particular rules that you must follow in the process. Mediation allows both parties to work together to come to a compromise and agreement to end the disagreement. Once parties agree to the resolution, they put it in writing by signing a written document. Mediation may be used in divorce and other disputes. A mediator is a professional who facilitates discussions between parties. The parties meet in person, along with the mediator. Attorneys may be present as well. The main goal of mediation is to prevent further disagreements and assist parties in coming to an agreement outside of court. This is helpful because both parties are able to provide input into the resolution. Compromise is often necessary. If an agreement is reached, the parties may put it into a written document. Mediation may prevent further litigation in some cases. Wisconsin law states that if parties resolve a dispute, “the mediator shall ensure that the resolution of agreement is reduced to writing, that it is signed by the parties, and that a copy is given to each party. The written resolution or agreement shall state that all discussions that occurred during mediation are confidential and may not be used as evidence in any hearing or civil proceeding.” Information that is disclosed during mediation is therefore kept private. Both parties typically sign a confidentiality agreement at the start of mediation. Parties cannot use information gained during the mediation process in subsequent litigation unless parties waive their right to privacy. Mediation may be a helpful way to discuss disagreements. It is important to note that mediation itself is not a legal process and is not necessarily performed by an attorney. The mediator is there to assist both parties. You will want to talk to your own lawyer for guidance and representation throughout the mediation process. This is especially true when you reach an agreement with the other party and need to document it. Your lawyer will help you understand the details of the agreement before you sign it. If you are involved in a dispute with another party, you may want to consider mediation. To learn more, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.

How does comparative negligence impact my personal injury claim? 🚗💥🚙 After an accident, one of the most important considerations is the determination of fault and liability. It is essential to determine which party was at fault and was negligent in the crash. Negligence refers to something a driver did, or failed to do, that caused the crash. The driver knew, or should have known, that the action he or she took might cause an accident and injuries. The negligent party should be held responsible for financial compensation after an accident. The person responsible for causing the accident is generally liable for any damages and injuries that result. In general, the insurance companies or the courts will determine fault in an accident. They will review police reports, witness statements, and other evidence to make a determination of fault. A portion of fault may be ascribed to each party. For example, if you were hit by a car that was speeding through an intersection, the other driver may be mostly responsible for the accident. You may be found partly responsible if you had reasonable time to see the car and did not take action to stop. Both drivers will be found to have a particular percentage of fault in a crash. In this example, the other driver may be 90% responsible for the accident, and you might be found to be 10% at fault. Wisconsin State Legislature codes provide for contributory negligence. The law allows you to receive compensation for your damages even if you are partially negligent. However, the law limits your own liability to less than that of the other party. Therefore, you may only get compensation if your negligence is found to be less than 51% in the accident. Your own compensation will be reduced by any percentage of your fault in the crash. For example, if your medical expenses after the crash were $10,000 and you were found to be 10% at fault, your compensation would be reduced by 10%. In this example, you would be allowed to receive $9,000. It is important to seek legal representation to protect your rights following an accident. The insurance company may try to place a higher percentage of fault on the other driver to reduce their own responsibility. Therefore, you and your attorney will need to provide proof of the negligence of the other driver to show that you were not responsible for the accident. Your attorney will gather documentation and information about the crash to provide proof of how it occurred. Sometimes expert testimony or accident reconstruction is necessary. Our legal team has the expertise to assist you in obtaining the compensation that you are owed. You may be owed money for your medical bills, as well as for lost wages and pain and suffering. Contact Moen Sheehan Meyer, Ltd. to discuss the details of your accident and to learn how we can help.

What are a grandparent’s visitation rights in Wisconsin? As a grandparent, you may enjoy spending time with your grandkids and love having them visit; but what happens when the parents go through a difficult divorce? You may begin to have problems visiting with your grandchildren, which can be devastating. It is helpful to know that in Wisconsin, grandparents do have the ability to request legal visitation with their grandchildren. Wisconsin law allows for grandparents to request visitation under some circumstances. In order to petition the court for visitation, grandparents must meet the requirements. First, the paternity of the child must have been determined. This may be by way of birth certificate or through a paternity action. The child may not have been adopted. Importantly, the grandparent must have maintained a relationship with the child or attempted to do so. Also, the grandparent must be likely to act in a manner that is not contrary to the decisions made by the parent with legal custody. Finally, visitation must be in the best interest of the child. If you meet these criteria, you are able to file a petition with the court to request visitation rights. This is best accomplished with help from an experienced family law attorney who will guide you through the process. A hearing date will be set, at which time you will present your case to the family law judge who will make a decision. If granted, the court will order visitation in much the same way as visitation with a non-custodial parent. Sometimes grandparents have disagreements with their children that result in the grandparents being forbidden to visit their grandchildren. Since the child’s parents are together, the court typically prefers to allow them to make decisions about whom should see their children and when. In general, the courts are unlikely to require visitation with the grandparents. There have been some rare cases, however, in which the court has allowed visitation in these instances. In these cases, the grandparents (or other third-party seeking visitation) must have maintained a parent-like relationship with the child, and there must be an event that triggered the disruption of the child’s regular placement. In addition, the court must find that visitation would be in the best interest of the child. It is often best to try to resolve the situation without court intervention. This may be accomplished through counseling or mediation. Unfortunately, there may be no other course of action than to seek legal help to gain visitation rights to your grandchildren. Cases such as these can be extremely complicated and emotionally charged. It is helpful to seek legal counsel from an experienced and compassionate family law attorney. You can get the guidance and support of a skilled family law attorney by contacting our office at Moen Sheehan Meyer, Ltd. today to schedule a consultation.

How much can a landlord legally raise rent in Wisconsin? As prices continue to rise, it is no wonder that the costs to rent an apartment, house, or commercial property increase as well. Rising taxes, maintenance fees, and other costs may require a landlord to raise the rent. If you are a landlord, you need to be able to increase the rent that you receive in order to cover your associated expenses. At the same time, tenants must be able to afford their rent payments. Tenants want to have ample notice when the rent is going to go up. A lease agreement is a contract between a landlord and a tenant. It includes various terms that provide guidance for both landlords and tenants. Importantly, the lease sets the amount of rent for the space for the period of tenancy. A lease protects both landlords and tenants. A tenant is obligated to pay rent for the entire rental period. In Wisconsin, the law is clear. Once the lease is signed, it is in effect, and a landlord cannot increase the rent during the rental period. A landlord must inform a tenant of a rent increase before the lease renews. Month-to-month tenancies occur when there is no written lease. A month-to-month lease expires at the end of each month. Either party may terminate the tenancy as long as they give adequate notice. For these types of tenancies, the landlord must provide at least 28 days’ written notice of rent increase. A written lease may turn into a month-to-month arrangement if the lease is not formally renewed and the landlord continues to accept rent payments. Wisconsin does not have a law that limits the amount a landlord may increase rent, except in cases of restricted-income housing. This applies to private landlords in the state. A landlord may therefore impose an increase in rent as long as they do so lawfully. The landlord is required to provide proper written notice of a rent increase according to the type of rental agreement in place. However, the landlord may increase the rent as they see necessary and may want to ensure that the rent is at the current market rental rate for similar properties in the area. Landlords in Wisconsin may choose to increase the rent at their property and are not bound to any specific increase limits. However, landlords must always follow the law when imposing rent increases. The Fair Housing Act ensures that tenants are not discriminated against. It prohibits discrimination based on race, color, national origin, religion, sex, disability, or familial status. Landlords need to impose rent increases in a fair manner. Landlords should always provide rent increases in writing and state the date that the new rent rate begins. Rental agreements are often the best way to protect your rights and the rights of tenants. If you have questions or concerns about your legal options, contact us today at (608) 784-8310 or online to schedule a consultation.

What is a Health Care Power of Attorney, and do I need one? It is important to prepare for situations that may arise as you get older. For example, it is essential to have an estate plan in place to ensure that your loved ones are cared for in the manner you desire after your death. One part of a comprehensive estate plan is a health care power of attorney. A healthcare power of attorney, also known as a healthcare directive or advance directive, is a legal document that provides details about the medical care that you want in the event that you are unable to provide the information. Part of an estate plan is to provide for the distribution of your assets and property upon your death. Another important part of the plan should involve the consideration of what to do should you become incapacitated. Incapacitation means that you are unable to make financial and medical decisions for yourself due to a severe medical condition. The incapacitation may be temporary or permanent. Wisconsin Statute 54.98 sets forth how to determine incapacity. Generally, you could become incapacitated due to a chronic medical condition, such as Alzheimer’s disease, or because of an acute illness, such as a heart attack. The one thing in common is that when you are incapacitated, you are not able to make decisions or to let others know of your wishes. Therefore, you must plan for this potential situation. A healthcare power of attorney allows another person to act on your behalf if you are incapacitated. You must name a person as your agent, and you should discuss the details of the directive with the person ahead of time. This person is also known as a health care surrogate. Your agent is legally allowed to act on your behalf to make any decisions that are related to your health care. The agent will provide instructions to doctors and other health care professionals regarding your care. You should specify the circumstances under which you prefer certain care. For instance, you may want to have a “do not resuscitate” order under certain medical conditions. Many medical situations require decisions that you may be unable to make at the time due to incapacitation. Your agent will follow the instructions in your healthcare directive and provide those instructions to the medical team responsible for your care. The healthcare directive is a good option because it does not leave any decisions to the sole discretion of your family. They will not need to worry about what your wishes are or stress about whether they are making the right decisions about your care. At the same time, you will not be left in a medical condition that you do not want. For example, you may not wish to be kept alive on life support. Contact our experienced legal team at Moen Sheehan Meyer, Ltd. for help drafting a healthcare power of attorney.

How do you split retirement accounts in a divorce? Different types of accounts are divided differently in a divorce. The first step is to make a list of all retirement accounts held by both spouses. These may include the following types: ➡️ 401(k) plans - 401(k) plans are retirement accounts made through your employer. Typically, employees pay into the account using pre-tax salary. ➡️ TSA plans - Tax-sheltered annuities (TSA) are plans such as 403(b). These are retirement accounts offered by tax-exempt organizations and some public school employers. Both employers and employees may contribute to these plans. ➡️ IRAs - There are several types of IRAs. These are retirement accounts that may allow the employee to contribute pre-tax earnings or, in some cases, the employee will pay tax up front but will not be taxed when they receive the funds. ➡️ WRS - Wisconsin Retirement System is a hybrid retirement plan that is both a defined-contribution plan and a defined-benefit plan where the employer makes contributions. It is a type of 401(k) retirement plan. ➡️ Other Retirement Benefits - One or both spouses may also have additional retirement benefits, such as from Social Security. If a couple is married for more than 10 years, a spouse may be entitled to a portion of the other spouse’s social security benefits. 💰 In order to properly split property in a divorce, spouses will need to know their value. You will need to know specific details about each account, including the date it was opened and the amount of money paid into a retirement account before and during the marriage. This will make it easier to distribute the funds from the accounts. 🟰 Wisconsin is a community property state. This means that assets that are accumulated during the marriage are considered marital assets and are community property. Marital assets are to be divided equally when a couple divorces. Regardless of which spouse paid into a retirement account, the funds paid are from marital property and therefore belong to both spouses equally. A judge in your divorce case will stipulate how spouses are to divide retirement accounts. When both parties have similar retirement accounts, the judge may order each spouse to retain their own funds. Another option is to split accounts using a QDRO. ⚖️ A QDRO (Qualified Domestic Relations Order) is a legal judgment or order that specifies how retirement benefits are to be paid. It provides details as to exactly how a retirement account is to be paid out between parties. When a QDRO is in place, the retirement plan pays out according to the order. It may be paid in a lump sum or payments, or it may be rolled into another IRA. The IRA plan itself will provide for when the retirement funds may be paid. 📞 It is helpful to seek legal guidance to help ensure that you receive the portion of benefits that you are entitled to under the law. Contact us today at (608) 784-8310 or online to schedule a consultation.

How do I avoid Medicaid estate recovery in Wisconsin❓ 🏥 Many people depend on Medicaid benefits to provide them with the medical care they need. About 18% of Wisconsin residents receive health or long-term care services through Medicaid. That equates to approximately 1.2 million people. Medicaid is a program that provides qualified residents with medical insurance assistance. Although you may receive medical or long-term care services for free or at a reduced rate, the state may be able to get reimbursement from your estate after your death. You may wonder how you can avoid medicaid estate recovery in Wisconsin. 💰 People who receive governmental medical assistance in the form of Medicaid may need to repay the costs from their estate. This is called Medicaid estate recovery. The state has the right to seek repayment for long-term care, home care, nursing home, and personal care services that were paid by Medicaid. Medicaid estate recovery applies to those aged 55 or over who were on Medicaid. The state may obtain repayment from a person’s estate if they have any assets. If the estate does not have assets, the state is not permitted to seek compensation from family members. 🏠 After the death of a Medicaid recipient, the state will want to recover the costs associated with their care from their estate. The state may seek a lien on a home or other assets owned by a Medicaid recipient. The repayment is to take place with any assets that are part of the estate prior to distribution to beneficiaries. Through the spousal impoverishment provision, the state allows a spouse to keep a certain amount of assets for their own independent living needs. If a lien is utilized, it is in place until the estate makes the repayment. Then, the lien is satisfied, and the remaining assets can be distributed. 📋 There may be some options you can employ to avoid medicaid estate recovery. Medicare beneficiaries who qualify for help through some programs are exempt from Medicaid estate recovery. In some cases, you may be exempt if you qualify for and obtain a waiver. To prevent the state from taking your home, you may put the home in joint ownership. Another option is to put your home and other assets in an irrevocable trust. The trust must be established more than five years prior to the need for Medicaid. To prevent assets from being used for Medicaid estate recovery, you may choose to give your assets to heirs prior to your death. ⚖️ Medicaid estate recovery can be somewhat complex. You will want to have a full understanding of the program so you can take the necessary steps to protect your assets ahead of time. You want to make sure that your loved ones will be able to acquire your property after your death. It is helpful to talk to an experienced elder law attorney to assist you with Medicaid estate recovery issues. Contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation today.