Mark A. Jinkins's Answers

My granddaughter may be coming to live with me for a while. Her mother has offered me temporary custody. What does that entail?

Wisconsin just enacted Section 48.979 of the Wisconsin Statutes (published December 8, 2011) that has a form for delegating parental power; use that form

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In the State of Wisconsin, what would happen if you knowingly lie to a circuit court judge at a hearing? Thanks!

Assuming that your former spouse was under oath at the hearing, you are correct that intentional lieing or false swearing is a that could result in incarceration. However prosecution of crimes are for the police/sheriff to investigate, the district attorney to prosecute, and a court would dtermine any incarceratin, so your starting point would be police/sheriff or district attorney. You should be aware that each step is discretionary and just because the law is violated does not necessarily...

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I currently have a mech. lien on a logging machine, I also have possession of the unit and have filed a ucc filing.

Additional details are necessary for the when and how but Chapter 779 of the Wisconsin Statutes provides for mechanics liens and procedure so read those provisions.

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I was recently let go from my job and have been given a Seperation Agreement and General Release to sign before my severance pay

You should confirm with the state unemployment office but my understanding is that no empployee agreement to waive any rights is valid and therefore rights to unemployment compensation would not be compromised. However a claim could breach the Separation Agreement and that breach may affect rights to severance pay and provide the employer with rights to recover any severance paid. Since the employer may have considerred that unemployment could not be waived, my recommendation is to ask if...

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Will notarized

Usually if a will is validly executed under the law of the state of domicile of the deceased, or under the law of the state where the will was executed, that is what is required, However, each state has different requirements whether witnesses are even necessary, how many witnesses if required, etc. Notarization is usually not required for a will to be validly executed, but proof of matters related to the execution of the will may be required and notratiztion is not uncommon for the deceased...

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What happens if the heirs to a will do not want the representative listed on the will to handle the will?

It appears that the same person or group may be submitting a number of questions. There may be a number of alternatives, some in conjunction with others: 1.Has the first person nominated been asked if they would decline (the second person nominated would then be in the position to serve). 2 If all interested persons except the first person nominated oppose the appointment, then the court might listen more closely than if only one is opposing. 3. If there has been no petition for probate yet,...

Probate Court

Your question is not clear. A probate is normally initiaiated by a petition for administration where the petition seeks to have a personal representative appointed, and you must object with appropriate writing before. If the personal representative has been appointed then yu need to petition the court for removeal. With your procedural questioons, I recommend that you consult with an attorney to assure that both proceduarlly and substantively your legal rights are protected.

Misrepresentation of intent in signing over trust property in Wisconsin.

Coercion may be illegal as is fraud and other actions. Your mother needs to meet with an attorney as soon as possible to review, bring in whatever documents and other facts she has. If your mother sits too long, any rights may be lost.

I have a revocable trust.I there are 6 other ben. i am the only one that did not get my share outright.

Getting a copy of the trust if you don;t have it is the first step. If you have a revocable trust as your question first indicates, then by its terms if it is revocable you may have the right to revoke and cause the assets to be distributed. Your indication of 6 other benficiaries who recieved there share, raises the question if your share is in an irrevocable trust (i.e., not revocable). Reviewing the trust document may provide a lot of answers. If your bank will serve as trustee then...

Does co guardian apply because of your marital status and does co guardian also the same term as legal guardian

Co-guardian had been limited in Wisconsin to married persons until statutes were revised a couple of years ago; now there may be go-guardians whether married or not. Guardianship by definition is a legal proceeding and appointment would be by court order so co-guardians are legal guardians in the same manner as one person can be a legal guardian. There are temporary guardianships, but unless there is that deisgantion court appointments would be permanent; however court can always remove a...