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John B. Stutt

John Stutt’s Answers

266 total

  • WI Condo Purchase

    We are residents of WI assisting our 18 yr old granddaughter to purchase a condo in WI to reside in. Is it better to put deed solely in her name or list all 3 of our names on the deed and later transfer condo solely to her? There will be no mor...

    John’s Answer

    While you're considering the purchase of a condo, either with or without your child's participation, consider the elements of such a purchase that are different than the purchase of a standalone house.

    Such questions include but are not limited to:

    1) does the condominium association have adequate reserves?
    2) does the association rules allow renters?
    3) does the association have prudent management?
    4) does the association have responsible board of directors?
    5) Is the association involved in any suits? with condo owners?
    6) Does the association have proper insurance for the property risks involved in the common areas, such as swimming pools, recreation centers?

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  • Can a landlord leave an eviction notice on the floor near your door in the apartment hall?

    I have a not so "tenant friendly" landlord. They did not post my rent check on time and 5 days later, I found a 5 day eviction notice on the floor, stepped on with footprints, that happened to be for me. No tape so, it wasn't affixed to the door....

    John’s Answer

    Remember that the Landlord has to use "reasonable diligence" in trying to serve you by personal service or substitute service before he posts and mails.

    Under Wisconsin law, post and mail notice is considered accomplished on the day of service OR the DATE OF MAILING-WHICHEVER IS LATER. See Section 704.19(7) (b) Wisconsin Statutes. You have not indicated that they mailed you the notice.

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  • Do I have a case when a verbal agreement to cancel with full refund is made then the company reneges & refuses to pay?

    I invested $2000 in a real estate one on one coaching program. No program cost was given at time of purchase. I was told as long as I had money they would work with me. The program was $3495. Three days later I learned I was not eligible for th...

    John’s Answer

    Your agreement may be established by the conduct of you and the company without any words being expressed in writing. If you have a verbal conversation that from such conduct it can fairly be inferred that you and the company mutually intended to agree on all the terms.

    This type of agreement is known as an implied contract; an implied contract may rest partially on words expressed in connection with conduct such as your payment or solely upon conduct.

    You can go to the Wisconsin Court System site, check out how to complete a small claims complaint and other instructions to follow up your problem.

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  • I am purchasing my fist home. Closing Monday 10/26/15

    I have a mobile home,If I surrender it back to the bank Ditech can they take my other house from me? I can not rent it here owner won't allow it. Can not sell it owe to much.

    John’s Answer

    You appear to have 2 issues that need addressing.

    You should consult an attorney about your mobile home debt. The legal documents need to be reviewed and the preparation of a release of the mobile home to the bank should
    indicate that you have no continuing debt to the bank.

    Secondly, you indicate you are purchasing a home soon. Recommend that you have an attorney review the closing documents. There are new legal rules on closings that you may not be aware of.

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  • Elderly couple, one wants to remain in his home, the other needs dementia care.

    The husband wants to remain in his house; his wife needs to be cared for in a skilled Alzheimer facility. How would that work out financially? Together they have approx. $300k in assets (with house), husband accounts for primary social security/pe...

    John’s Answer

    • Selected as best answer

    Financial arrangements for a couple who have a need for dementia care should
    be considered more than 5 years before such care is needed. Since your situation appears to be immediate in need, take action now to see an attorney.

    An elder care lawyer should be consulted about how to arrange the assets to best
    fit your needs.

    In addition, you should consider both financial and health care powers of attorney
    for each of you before your wife is considered incompetent to sign such documents.
    This step will help you avoid guardianship.

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  • Can my son get compensated for being neglected in an adult group home

    He is 18 but his IQ is only 48 they left him unsupervised overmedicated him underfed him did not inform me about his medical care me his mother and also stated when I picked him up said we really didn't know what we were doing then why r they taki...

    John’s Answer

    You have not indicated whether or not your son is under guardianship.

    If so, the guardian should seek advice.

    If he is an adult and not in a guardianship, any claim for neglect would be his.

    Consider moving him to another adult group home with better care. Your local county office has a protective placement function and they may give you some recommendation on homes that are considered to be efficiently run.

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  • How can I transfer real estate to a living trust?

    My father-in-law and his wife own a second home up north. Some years ago he established a living trust and transferred his interest to the trust. The idea was that when he dies, his wife gets her interest and his children will split his. They no...

    John’s Answer

    Care should be taken on this transfer. Your question relates that your father-in-law established a living trust but fails to indicate that his wife established a living trust.
    You need to question whether or not she has such a trust.
    You wouldn't want to put her interest in the real estate in her husband's trust.
    She should consider establishing a trust of her own. She may die after her husband or before him. She has no control over the terms of her husband's trust.
    Any attorney who advises them should be aware of potential conflicts that
    can arise over potential conflicting interests.

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  • We have a check issued to our mother's estate after her death. She had a loving trust and not an estate.

    We are told this has to go through probate. It is from a class action suit settled after her death and the check is from a law firm in Florida. What would be the cost for this through Avvo. Her residence was Kansas City MO.

    John’s Answer

    If the only reason to go through probate is this check, it is likely that Missouri has
    a small estate procedure to short circuit the effort.

    Contact a lawyer in that state familiar with small estate procedure. If your mother had a trust, she may also have a pour over will that distributes all her property to the trust.
    Check that out.

    Your mother's trust is likely to need to obtain a FEIN after her passing.

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  • Lein on my condo

    My mom left me & my sister a condo sold it & weeks prior to closing I'm told a Leon is on condo for my old debt? Sale price is 72k understand homestead act protects 75k? If that's true how can they do this anyway??

    John’s Answer

    If you are referring to the Homestead Act of 1862, you are mistaken.

    If the debt is over 10 years old, you may have some ability to seek relief through

    a state statute. You don't mention when the old debt was entered as a judgment.

    If the lien of judgment was entered more than 10 years ago, you may get relief.

    See Section 806.15 Wisconsin Statutes and consult an attorney with more detail about

    the old debt.

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  • What are the borrower's rights when a cosigner threatens to sue them in the state of Wisconsin?

    My mother in law is threatening to take my husband and I to court over two student loans through the same company because he is not paying on them. She is on disability and we had a falling out and now she is refusing to pay them. I am just wond...

    John’s Answer

    From your question, both you and Mother in law is a cosigner with your husband.

    The company may sue her and your husband and you if all three of you agreed to pay.

    Your rights are controlled by the language of the loan documents. Recommend that you

    consult with an attorney to review the loan documents.

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