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Michael Francis Brennan

Michael Brennan’s Answers

42 total


  • Do I have a legal case if a company sold my business's domain name after I renewed it?

    My domain name expired, but there is a 60 day window where only I can renew it. I renewed it as soon as I found out it expired and have the receipt of renewal. Two weeks later the hosting company sold the domain name. When I inquired for more i...

    Michael’s Answer

    I'd check the terms and conditions you agreed to when you purchased the domain name. It's possible that there is a breach of contract cause of action against the hosting company if their error led them to sell the domain prior to the 60 day window you mention.

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  • How can i get off gurdianceship im a 31 year old female. The court gave them gurdinaceship over me. My parents are totally contr

    my parents are controling me. i do have some learning disabilites and some mental problems but i live on my own now

    Michael’s Answer

    I agree with my colleagues that additional information would be needed to fully answer your question. You should consult with a MN attorney familiar with guardianship issues to determine your options.

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  • Hi i am doing Power of Attorney paper work

    i can do the work my self i just need to know do i need i notary to sign it or can i jut have one or to witnesses sign it

    Michael’s Answer

    Please see the responses attached to your previous attempt at asking this question. I have to stress what my colleagues have already stated. Make sure that you are very careful to follow instructions "to the T" if you are going to do this on your own with the statutory short form POA.

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  • I (the wife) have a llc and want to transfer it to my Husband. What do I need to do?

    I have gone back to work full time and my husband it now going to run the business. the LLC is in my name but want to transfer that to my husband so he will be able to take a payroll from the business.

    Michael’s Answer

    These transfers between spouses in Wisconsin are typically tax-free exchanges, however, it would be wise to consult with a tax attorney or CPA to review all of the facts of your situation. Look at your operating agreement and determine whether the ownership interest is transferred and whether there are any limitations on any such transfer. Review your operating agreement to determine the management structure of the business as well. If it is a manager managed LLC, then I don't see why you couldn't just hire your husband to run the business and pay him a salary. I think it would do you good to meet briefly with an attorney and/ or CPA to ensure that you aren't creating any unnecessary issues.

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  • What can I do to protect my mom's rights and mine?

    My uncle is POA financial for my mom and he is trying to evict me out the house my mom bought me and sell my mom Packer ticket and stop her from getting them ever again. My mom has medical issues and is in a home for the elderly and her lawyer can...

    Michael’s Answer

    Your uncle has a duty to act in your mother's best interests. I'd suggest discussing this with an elder law attorney if you suspect that he is not doing so. However, given your mention of your mother's medical issues, it seems that he may feel selling the tickets may be necessary to pay for her bills. While getting rid of sporting tickets (especially some that take so long to get in the first place!) is tough to swallow, he may ultimately be doing what is best for your mother in ensuring that he/she has the ability to pay for any medical bills.

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  • Can a discretionary trust be breached by the trustee?

    Can a discretionary trust be breached by the trustee?

    Michael’s Answer

    I agree with Mr. Zelinger. A question like this is probably pretty fact-specific. It would be relevant what the terms of the trust agreement state, permit/ require the trustee to do, and what an interested party could prove. If you have concerns over specific actions that were or were not taken, I'd suggest briefly discussing with an estate planning attorney in your area.

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  • Is POA abusing her rights?

    My aunt is the POA for my 89 yr. grandma (her mother)with Alzheimers. She will not provide medical information to her brother nor answer any questions. If my dad asks any question the answer is "none of your business" and she hangs up. She has ...

    Michael’s Answer

    Your aunt may be acting within her power, however, your situation sounds like one that you may wish to investigate further with social services. At the end of the day, your aunt still has an obligation to act in your grandmother's best interests. It may be questionable if she truly is in your situation. I've included a link to the National Center on Elder Abuse's website where you may be able to find some guidance on what steps to take.

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  • Who inherits if there is no current will?

    My mother recently passed away. There are six living children (three had passed away). The only will found was from 1984 and Mom's situation had completely changed from then (my father and 3 children had passed; no real estate owned, no debt). ...

    Michael’s Answer

    A will does not become invalid simply because circumstances change, so the 1984 will still governs. It may be worthwhile for you to briefly review the terms with an attorney and decide how to proceed after that. However, the other attorneys' offer some great tips on what to look for on your own as well.

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  • Dad deceased. Divorced WI decedent. 2 children ages 19 and 22 settling dads affairs. Need Transfer of affidavit process.

    Grandma & uncle paid for funeral out of pocket. Life insurance beneficiary was grandma - $100,000 No Will, sister & I are heirs to remainder of estate. Estate value $47,000 (bank, 401k, autos) plus tax return, if any. Personal possessions wor...

    Michael’s Answer

    I agree with Mr. Krause, you may want to find an attorney to help you through this given the additional issues with possibly recovering the amount paid to your grandmother. If you decide to file on your own, his advice is good. You can always call the probate register in the county in which you will file if you have questions on the process. While they cannot give you legal advice, they can ofter times be very helpful in explaining the steps you will need to take to do it properly.

    Sorry for your loss, and good luck.

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  • How long does a lawer

    does a lawer keep a case a case in force after court or do you have to pay him all over again

    Michael’s Answer

    Speak with this about the lawyer representing you in your issue. An attorney's obligations and relationship with a case and client is typically set forth in a written retainer agreement. You should discuss these concerns upfront so that you and your attorney are both clear on expectations. To answer your question, there is no hard and fast rule on how much a lawyer is going to charge or the extent or length of time he is going to represent you.

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