Robert Jacob Welcenbach’s Answers

Robert Jacob Welcenbach

Milwaukee Personal Injury Lawyer.

Contributor Level 7
  1. WI residential landlord tenant law, can landlord dispose of personal property left behind by tenant

    Answered over 4 years ago.

    1. Kevin W. Davidson
    2. Kevin M. Gaertner
    3. Robert Jacob Welcenbach
    4. Avvo Staff Moderator
    4 lawyer answers

    Your options are set forth in Section 705.05 of the Wisconsin Statutes. It is too long to explain but you can view a copy of your duties by downloading the Landlord Tenant guide located here: http://datcp.state.wi.us/cp/consumerinfo/cp/factsheets/pdf/cp-127web.pdf

    1 lawyer agreed with this answer

  2. Survivor rights

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    This is a very complicated question and the answer may depend in part on when she was remarried, when the Will was done and what the Will does. Generally a spouse would be entitled to half the marital property and could be disinherited from the estate through a Will. I think you need to meet with an attorney who specializes in Martial Property and Probate issues.

    1 lawyer agreed with this answer

  3. Probate Leins in Wisconsin

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    If the property is in your name it is subject to the creditor's potential judgment. If there is equity in the property about what a bankruptcy court would allow, the creditor could obtain a judgment and then sell the property and take the excess. If there is no equity and you only have $17.00 and no other assets and not entitled to any money - you are probably judgment proof and the creditor will not be able to collect anything right now.

  4. Early termination of the year rental lease in WI

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    Generally a landlord can seek lost rent through the date of the contract or the time period requied for notice when terminating a lease. However, the landlord is under the duty to re-rent and must take reasonable steps to do so or may not recover those damages.

  5. Changing statement to insurance company

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    I would tell the police the truth about everything. No matter what you said in the past to the insurance company, you don't want to continue lying, especially if it may subject you to a potential criminal charge such as obstruction of justice, etc....

  6. Sister has methodically gotten case worker to ignore my concerns related to abuse of finances of my father.

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    If they are the guardians, they would be subject to filing an annual account of the assets. You can review that to see what they have represented. If it is improper, you could try to file a petition with the court making the court aware of the improper conduct which has occurred and ask that they be removed. Perhaps an independent third party would be the most appropriate to be guardian in this situation.

  7. Is there anything I can do about a dentist who did work on my teeth in the past when it wasn't needed?

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    I would contact the State department that governs the dentists and file a complaint and see if anyone else has filed a similar complaint. Also, you could check the court records to see if he was ever sued for a similar case and if so contact that attorney to look into your case.

    1 person marked this answer as helpful

  8. Can a real estate agent knowingly and legally misrepresent the conditions/features of a piece of property ?

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    Generally a real estate agent may be liable for any misrepresentations. However, if you had a chance to inspect the property and were ultimately aware of the misrepresentation prior to closing that there was no bathroom, you may have a difficult time showing you relied on the misrepresentation to your damage in court. There may be some administrative penalty through the State against the realtor. I would advise you to contact a real estate lawyer in your state.

  9. Who determines whether holdback funds should be released after real estate transaction if parties don't agree?

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    The disbursement of funds depends on the language of the escrow agreement. You will need to see what the agreement states in case there is no agreement at the end of the 30 day period. Generally, if there is no agreement, the funds will be held in escrow until the parties can start a lawsuit and have the issue resolved.

  10. We bought a home that has drainage issues in the backyard. Shouldn't the real estate agent have disclosed this?

    Answered over 4 years ago.

    1. Robert Jacob Welcenbach
    1 lawyer answer

    Generally a real estate agent only has to disclose items that they are aware are defects. Since the agent probably didnt live in the house, it is likely they were unaware of the problem. The seller on the other hand may have known about this and failed to disclose it subjecting them to potential damages. Also, if there was a home inspector, perhaps he was negligent in failing to look at certain items in the home which would have indicated that this was a problem. I would suggest contacting...