While reading the article Judicial Overstating, written by Dan Simon and Nicholas Scurich, I enjoyed the psychological analysis of judges regarding judicial overstatement. In general, judicial overstatement is when judges…
Real Estate is a complex and consuming area of practice for an attorney, especially for the attorneys here at McAvoy & Murphy Law Firm. From helping plan short sales and…
A real estate purchase is often the most significant and expensive purchase a person will make in his or her lifetime. Â After locating a residential property in Wisconsin, buyers submit…
Everyone who has resigned from a job knows of the struggles on how to tell your employer, "I QUIT." More often than not, this results in the dreaded "two week"…
In the first part of this series explaining the benefits of having a Living Trust, we touched base on 5 reasons a person would consider having a trust drafted as…
On Dec. 15, 2015, Congress extended the EB-5 Immigrant Investor Program until Sept. 30, 2016. This particular component of the U.S. immigration program exists with a high level of scrutiny…
Landlord-tenant disputes are inevitable. Let’s face it. Landlords have to deal with multiple tenants, and those tenants often have disputes between one another. Accordingly, tenants often treat landlords or property…
One of the most basic decisions to make when estate planning is whether you should create a Will or a Living Trust. This post gives 5 reasons why an individual would choose to create a Living Trust over a Will. The five reasons are:
1) A will leads you directly into the probate court. A Will must be filed with the probate court within 30 days of your death, and will direct the judge on how your estate is to be distributed. The court then must make sure debts are paid before your property is able to be distributed to your heirs. A living trust avoids probate.
2) Contested wills are (more…)
While substantive aspects of the law decide many cases, procedural aspects also commonly come under review. This blog post is a general procedural description outlining how a case transitions from its humble beginnings to the Wisconsin Supreme Court.
An individual, group, corporation or government entity may bring a civil case, and the government may commence a criminal case, in the circuit court. This is where (more…)
Provisions can be added to your estate planning documents to prevent unnecessary bureaucracy. For example, the document can provide that if a beneficiary does not survive you by at least sixty days, that beneficiary will not be treated as surviving for the purposes of your estate. This provision alone could save the cost and delay of probating assets through the estate of the deceased beneficiary to get them to the actual recipient.
A survivorship clause also prevents an unintended distribution property. Lets look at an example. Suppose that (more…)