James W. McNeilly Jr.'s Answers

I'm listed as the executor to my father's estate - small as it is - do I need to get a lawyer?

You can do it yourself, but it is easier if you retain an attorney. Interview your fathers attorney, along with one or two others, and choose the one you feel most comfortable with. Look online and find one with Probate experience. Disclaimer: This answer is intended for general informational purposes only and should be used only as a starting point for addressing your legal issue. It is not intended to create an attorney-client relationship, It is not a substitute for an in-person or...

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Ch. 128 filed and signed, creditors continue to contact debtor, ignoring the order. what can be done?

It appears that you have filed a State Court Chapter 128, which is NOT a bankruptcy, although there are quite a few similarities. Normally, but not necessarily, there is an injunction issued soon after a Chapter 128 filing. If an injunction was issued, the Court may hold the creditors in contempt of court for failing to honor the injunction. However, asking the Court to do so is not a simple task. Therefore, if you are represented in your Chapter 128, contact your attorney for further advice....

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Can a landlord shut off your utilities to force you out?

Shutting off utilities is usually a serious violation of the law if this is a residence. You should immediately contact the closest office of the State Dept of Consumer Protection as they may be able to assist you for free. If not, contact an experienced landlord/tenant attorney. Some of them may be willing to take your case on a contingency. Disclaimer: This answer is intended for general informational purposes only and should be used only as a starting point for addressing your legal issue....

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Can a collection attorney still demand monthly payments after a lien is put on my home

It depends on what kind of lien you are facing. If it is a construction lien, you may want to take no action, as the creditor has to foreclose the lien in order to collect on it. However, if the creditor is seeking a judgment lien, you need to determine if you have a defense to the action. The creditors attorney can demand monthly payments or payment in full. Whether you should pay something or nothing depends on many factors. Consult an attorney who can advise you. These situations...

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Do they have an adverse possession claim?

While the neighbors probably do not have an adverse possession claim, that does not end the inquiry. They may have other rights, perhaps associated with the easement, that may prevent you from fencing the area. Because these cases can be very complicated, I strongly urge you to contact an experienced real estate attorney. Good Luck! Disclaimer: This e-mail or other correspondence does not create an attorney-client relationship. This communication is not intended to be legal advice.

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WI landlord tenant law, duties of tenant

Unfortunately, Wisconsin has several confusing and complicated laws about abandoned property. Generally, you should hang on to the items until you can be sure that he will not return to claim them. You can also send him a letter telling him that if he does not pick them up within 15-30 days, you will dispose of them. If he specifically states that you can, then go ahead. If he does not contact you and you dispose of the items anyway, he may pursue you later for the value of the goods.

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Credit defaults versus bankruptcy

Whether or not bankruptcy is a good option for you is a complicated question that cannot be answered without reviewing your economic situation very carefully. While your income is middle class, it is likely that it is too high to file a Chapter 7, which would allow you to discharge your debts without any repayment. If so, you would have to file a Chapter 13, where you would pay some or all of your debts over a five year period. Consult an experienced bankruptcy attorney for a consultation....

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Does the condo declaration overrule the condo bylaws ?

Normally the Declaration would control over the Bylaws. Before your rent our your condo, however, you should consult with an experienced real estate attorney.

If I sign a personal gurantee on a loan for a corporation I am a partner in can the bank take assets of another LLC of mine?

Attorney Martin is correct, except that you need to see an attorney experienced in asset protection in the debt collection context. Most Wisconsin estate planners are not experienced in this context. Actually, even some bankruptcy attorneys are not experienced with asset protection. Look for attorneys who advertise that they do asset protection, interview a few, and see who you like the best. Disclaimer: This answer is intended for general informational purposes only and should be used only...

What are my client rights after my bankruptcy has been discharged & closed by my attorney? The firm refuses to take my calls.

First, your former law firm is probably not obligated to represent you or even discuss this matter with you because apparently they were only retained to represent you in the bankruptcy. Second, because of Wisconsin's Marital Property laws, and what is called the "phantom discharge" which generally protects the non-filing spouses marital property, the credit card company may not be able to sue your husband. You should retain an experienced bankruptcy attorney who is familiar with the "...