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Robert Jacob Welcenbach

Robert Welcenbach’s Answers

13 total


  • WI residential landlord tenant law, can landlord dispose of personal property left behind by tenant

    We live in Wisconsin and have a tennant whose lease just expired on a house he rented from us for a year and a half. He has never told us he has vacated the property but did notify us at the beginning of the month he would be out at the end of Oct...

    Robert’s Answer

    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

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  • Probate Leins in Wisconsin

    I've put off a lein on my dad's property for over 2 years now. The property is in my name. I asked for a detailed amount of charges that were made on a sears card by my father. They say $2775.00 what they sent was only 6 months of billing totalin...

    Robert’s 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.

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  • Survivor rights

    is a wife entitled to half of all property, etc. if the spose dies? my mother has been married for 25 years but there was a divorce in the middle of it for a couple years---does this divorce in any way void any entitlements? her spouse has 4 grown...

    Robert’s 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.

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  • Early termination of the year rental lease in WI

    It was mentioned by rental agent that in Wisconsin landlord could not ask for more then 2 months of rent when tenant breaks the lease prior to expirtation date and no "blackout" dates should be enforced by the landlord. Is it true statement?

    Robert’s 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.

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  • Changing statement to insurance company

    I was a passanger in the bed of a pick up with another person. The driver was driving recklessly and the other person fell off. We took him to the hospital and he had a broken shoulder and road burns. The driver told his insurance he found the oth...

    Robert’s 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....

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

    My sister and one brother have methodically gotten rid of my brother as co-guardian as well as myself by making false statements to police and caseworker so that they can "rape my father's estate" They have gone so far as spent monies for their ow...

    Robert’s 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.

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

    For example, if no bathroom exists, stating 1 bathroom in the listing in order to have it be listed as a residence rather than a lot/piece of land.

    Robert’s 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.

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

    I recently sold my home in New Hampshire, and at the closing table the buyer indicated that they were not satisfied with my completion of the window corrections I had agreed to. The lawyer for the buyer's mortgage company drafted an agreement th...

    Robert’s 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.

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

    The house we bought has had a lot of drainage work done in the backyard (french drain, two dry wells) but every time it rains there is a lake in my backyard. I contacted the contractor who did the work and he told me there's nothing more that can...

    Robert’s 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 an attorney and potentially an expert who can say whether this was a defect they should have known of before closing.

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  • Whose car is it?

    On the title, only my name is present although there is myself and another on the car loan. A few months ago the car was in an accident and was totaled out where the insurance company was supposed to pay the car off but didn't. car got repo'ed a...

    Robert’s Answer

    I would contact the police and file a report of a stolen vehicle. The police probably won't want to get involved and will say its a private issue. Your next step would be to file a lawsuit for replevin to try to get the car back. You should contact an attorney to see if there may be additional damages or penalties against this person for stealing or converting you property.

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