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John B. Stutt

John Stutt’s Answers

260 total

  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • Do I have a case to go back after the manufacturer?

    I recently built a new construction home. The floor trusses and roof trusses were made by the same company. The floor trusses were supposed to have a channel in it to run the heating through it but on the final layout was approved it was not sho...

    John’s Answer

    Your factual situation involves engineering aspects and legal aspects.

    You need to define what are the damages you sustained because of this construction:

    are they monetary, cosmetic or monetary and cosmetic?

    Are they monetary to the point that you are prepared to obtain an expert report about
    the contract violations and an attorney to enforce your contractual rights?

    Your question indicates the "final layout was approved". Who approved the layout? You or a local building inspector? Did the contract require the builder
    to submit a change order for the truss change? to submit an application for more money for extras?

    Construction cases are fact specific and require a thorough analysis. Suggest
    you explore this with a civil trial lawyer in your area that is knowledgeable about construction.

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  • How can I evict a tenant for non payment of rent in WI,

    She shares an apartment with my son, his wife and daughter. I gave permission for my son and daughter in law it move in and she came along. I told he when I found out she was there that she would have to find another place and pay rent ,300/month,...

    John’s Answer

    To start the process, you need to serve her with a notice terminating tenancy. This notice must comply with Wisconsin Statutes.

    Thereafter, you need to file an eviction action. Since you are so unfamiliar with the process, recommend that you retain a landlord attorney for the first time you go through this process so that you reach your goal smoothly.

    See question 
  • I am in need of a lawyer in Contract Law in northern Wisconsin who will work with a client who is on DSSI?

    I recently purchased a manufactured home that used forms that they have illegally copied from WI Housing Alliance. The contract has incorrect dates, was sold by an agent with no manufactured Home license. The mobile home community represented th...

    John’s Answer

    You can start by contacting the Wisconsin Bar Lawyer Referral & Information Service at 800-362-9082.

    Keep in mind that you will want to provide the attorney with all written and other communications you had with the seller or seller's agents.

    In addition, check out the Wisconsin Department of Agriculture, Trade and Consumer Protection website:

    The department issues certificates of title for manufactured homes, licenses manufactured home dealers, licenses manufactured home sellers and enforces warranty requirements.

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  • Pro Se has anyone ever won in (GAL,Judge, Child Support Enforcement for Title 42 Ch 21 1983/ or 1985 Federal civil rights case?

    am police detective/ 24 years. I have legal & court experience but I don't have the $ for a lawyer.There are templates they have for prisoner cases for 1983 civil rights cases & it's not that different many of the same rights, just different facts...

    John’s Answer

    Since you indicate that you are doing this action on your own, consider whether or not you can obtain a judge substitution. Look at Section 801.58 Wisconsin Statutes.

    Just search Google or a different website with that search term, Section 801.58 Wisconsin Statutes.

    There are limitations on requests for substitution set forth in Section 801.58(3).

    You can now retain an attorney for a limited purpose in Wisconsin. Even though you may not afford to retain an attorney for the whole case, you could select a specific task and retain an attorney for that purpose.

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  • Landlord took it upon himself to do a Self Help Eviction (Business) and much more... :(

    My landlord decided to do a self help eviction at my business. Do I need a Real Estate Attorney or Landlord/Tenant Attorney? He also broke our contract in many other ways but leaving me without access to my business just may be the worst.

    John’s Answer

    You can call the State Bar of Wisconsin who can refer you to an attorney
    by calling 800-362-9082 or you can search for an attorney by geographical location and area of legal practice at

    See question 
  • How do I find help recovering money from my mother's estate?

    My mother died in 2000 at Swedish Hospital in Seattle. My brother is the executor of the estate. He lives in Illinois. Through the IL. website I found money of hers. He won't recover it for us.

    John’s Answer

    If your question indicates that the State of Illinois is holding the money as unclaimed property,

    there is a procedure to retrieve the money by

    1) entering the name of the decedent in the online search site of the Illinois State Treasurer's ICash
    2) if there is a match, fill out and submit the online claim form which is a Small Estate Affidavit
    3) receive the property or cash.

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