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Wills
By: Attorney Gina C. Ziegelbauer
When people think of estate planning, they often think of a Will. Although a Will is an important part of an estate plan, a Will might not do what you think.
Most importantly, a Will does not avoid probate for titled assets. Your Will is actually the document that will tell the court how you want your estate handled if your estate does go through probate. Your Will contains the instructions to your personal
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NOW AVAILABLE: Landlord Boot Camp On-Demand
Hello. I am excited to announce that my latest Landlord Boot Camp recording is now available as an On Demand video series. The benefits of this On Demand format are many.
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Wisconsin is Warming Up to the Idea of Renewable Energy
Wisconsin is currently experiencing a significant shift to renewable energy (RE) for its electricity usage.
Thoughtful regulatory and statutory changes are needed to ensure the full potential of this moment is realized for Wisconsin businesses and residents – not to mention our homegrown contractors whose job trailers we’d prefer to see on these sites.
Warming Up to the Idea
Wisconsin lags the rest of the U.S. in terms of RE electricity production.
In 2019, our statewide RE mix was
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THE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments
As I am sure many of you have heard, back in December the Federal government agreed to set aside $25 Billion dollars for Rent Assistance as a result of Covid. Of that large amount, Wisconsin was allocated a total of $386,777,591.50 to be divvied up as follows:
1. Brown County – $7,907,949.30
2. Dane County – $8,579, 734.30
3. City of Madison – $7,762,609.60
4. Milwaukee County – $10,629,017.80 — (to be distributed by Community Advocates)
5. City of Milwaukee – $17,641,552.70
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Building a Better Residential Construction Contract
Small-scale residential construction projects, such as single-family home builds, additions, and remodels, pose unique challenges for Wisconsin attorneys who draft construction contracts.
Wisconsin law protects Wisconsin homeowners from being taken advantage of by contractors, by imposing special requirements on contractors who perform residential home improvement work. Contractors can comply with most of Wisconsin’s technical obligations by drafting robust contracts.
In addition, residential construction projects involve different issues and complications than those that arise on larger commercial construction projects. On
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Dealing with the Expiring Perpetual Easement Problem
Easements can and do expire in Wisconsin as a matter of law. Even if they are “perpetual.” Even if they are in use. Even if they provide access.
Consider This Scenario
Jill owns Parcel A on First Street. The neighboring parcel on First Street, Parcel B, is owned by Frank. Jill’s driveway is located primarily on Parcel B, pursuant to a perpetual driveway easement. The driveway is the only means of accessing Jill’s garage, located behind her house.
The
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Set Your Business Up For Success by Hiring a Business Attorney
By: Attorney Samuel J. Spurney © 2021
At SB Law, we represent closely held businesses ranging in size from small start-up entities to businesses with over 1,500 employees. Our clients are comprised of various industries including manufacturing, health care, hospitality, service, agriculture, utilities, and food products. Many of our clients are multi-generational, family owned enterprises, and are comprised of small to mid-sized businesses that are large enough to require advice on sophisticated legal issues, but are not yet ready
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Construction and Copyright, Part 2: Practical Considerations
In Part 1, we discussed copyright basics and architectural plans as one asset that could be protected by copyright. See Construction and Copyright, Part 1: Don’t Forget about IP.Here in Part 2, we discuss additional practical copyright considerations, including that designs and architectural works aren’t the only copyrightable material to come out of the construction process.
Photos and Videos
Many construction companies want to promote their business using “before and after” or progress photographs of their work. If
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Construction and Copyright, Part 1: Don’t Forget about Intellectual Property
Construction projects, by their very nature, operate in the world of tangible property.Quite obviously, tradespersons use machinery and tools to fit building materials together to construct physical buildings.
Bryan T. Kroes, Marquette 2013, is a senior associate with Hurtado Zimmerman SC, Wauwautosa, where he
With material goods acting as both the figurative and literal foundation of the industry, construction companies, and by extension, their construction contracts, could easily focus solely on the tangible elements of each project.
Bryan T. Kroes, Marquette 2013, is a senior associate with Hurtado Zimmerman SC, Wauwautosa, where he
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Paycheck Protection Program – Round 2 by Andrew J. Steimle, Esq.
On January 11, 2021, the United States Small Business Administration (“SBA”) reopened the Paycheck Protection Program (“PPP”) for first draw PPP loans. On January 13, 2021, the SBA began accepting second draw (“Round 2”) applications for recipients that already received a PPP loan in 2020. The program is expected to remain open until March 31, 2021 (or if the PPP runs out of money, potentially sooner). Whether Congress will pass another round, add additional funding, or extend the program
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Indemnity on Offense
Indemnity clauses are common in commercial contracts.
Typically, one party (the indemnitor) agrees to “indemnify, defend, and hold harmless” another party (the indemnitee) from any and all claims or losses, or perhaps certain defined ones.
In the construction context, such a provision may, for example, provide indemnity protection to an owner for any claims, losses, or damages – including attorneys’ fees – arising out of a contractor’s work.1 At its base level, such language protects owners from exposure
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Lakeshore Leaders Breakfast Series, Attorney Michelle Birschbach
Sparking Ideas & Innovation
UW-Green Bay, Manitowoc and Sheboygan Campuses host a monthly speaker series with distinguished leaders making a positive impact in our communities. Join us to hear an inspiring talk and to learn from area leaders. Attorney Michelle Birschbach will be speaking on February 10, 2021. This is a virtual event. Please join her and register today by clicking HERE.
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A Nicely Done News Report Explaining How the Eviction Moratorium is Negatively Affecting Both Tenants AND Landlords
I was interviewed by Reporter Caroline Reinwald of ch. 12 WISN yesterday on the CDC eviction moratorium and how it is negatively affecting both Tenants AND Landlords. I thought Caroline did a very nice job of explaining the pains felt by both sides and was happy to be interviewed for the report.
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Don't Sleep on the Arbitration Forfeiture Standard
In Loren Imhoff Homebuilder, Inc. v. Taylor and Cuevas,1 the Dist. IV Court of Appeals reversed the circuit court’s vacatur of an arbitration award, based on the circuit court’s conclusion that the arbitrator fell asleep at some point or points during the evidentiary hearing and that, as a result, he “so imperfectly executed his powers that a mutual, final and definite award upon the subject matter submitted was not made.”
The appeals court concluded that the homeowner seeking
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The Landlords’ Side of the Story
Have you noticed that landlords tend to be portrayed as evil and uncaring? I’m reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments. The media also tend to treat all landlords as large companies making lots of money at the expense of tenants. Did you know that the vast majority of landlords throughout the U.S. are small “mom & pop” landlords that own rental property in addition to working a full-time job?
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