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Nick Passe
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Nick Passe’s Answers

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  • Should I continue to seek legal council?

    My landlord stated in my 12 month lease that I am responsible for 60 days formal written notice upon moving out. I gave her 54 days formal notice, after which she charged me a 13th months rent "missed revenue" for not renewing my lease. Nowhere in...

    Nick’s Answer

    You should hire a landlord/tenant attorney to help you. Ultimately you might be able to recover your attorney's fees if the landlord charged you rent in violation of the landlord/tenant laws regarding automatic lease renewal lease provisions.

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  • In Wisconsin, if there is no will wife is beneficiary to both life insurance and pension, isn't she there for owner of the home

    there was no will. But I read in wisconsin law if the widow is named beneficiary of life insurance and pension, that the home is automatically hers.

    Nick’s Answer

    See the answers to your other similar question.

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  • In Wisconsin we have community property. My husband died without a will. Isn't the house mine?

    I read in probate law that if the wife is designated as beneficiary of life insurance and pension that she automatically gets owner of the house even without a will. Is this true

    Nick’s Answer

    Ownership of the house has nothing to do with pension and life insurance beneficiary designations. The property may go to you through the laws of intestacy but you will need to consult a probate attorney to learn more. The bank's mortgage, your husband's other creditors and any children he may have had in previous relationships could all conceivably have a claim against the house.

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  • My husband's ex just informed him that she is filing to strip his rights to their daughter. He is devastated.

    We can't afford an attorney. He tries to be as active as he can in her life but the ex pushes him off. She has her daughter call her husband daddy. Tells her that she wants her to have the same last name as the two of them. We have a visitation or...

    Nick’s Answer

    Custody and placement questions are far too complex to address in a forum like this - there are too many factors to consider. He should speak with the family law information center at the courthouse if he can't afford any attorney about the process.

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  • Should I withdraw from school or talk to the staff members???

    I got into an incident with a student here at this college campus and i feel like the staff here isnt helping here because i have a record and i don't want to get into a physical altercation with this person. Well i been getting numerous emails fr...

    Nick’s Answer

    You should probably be hiring an attorney to help you discuss the situation with the administration of the college.

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  • Can you be charged/arrested if you are caught in a store after hours?

    I'm saying that you would steal anything but what would happen if you fell asleep could you be in trouble? what could they charge you with and would it result in any jailtime?

    Nick’s Answer

    You would face a trespassing charge at a minimum and if there was any evidence you intended to commit a crime (including circumstantial evidence), you could be charged with burglary.

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  • If the person I have a child with is dating a convicted felon, who has served 15 years in prison, can I take custody from her.

    The person has a felony contributing to the delinquency of a child, the person has 3 felony taking a vehicle without consent. The person has multiple felonies for theft, resisting or obstructing an officer, 2nd degree reckless endangerment, and mu...

    Nick’s Answer

    You gave us one side of the story and yes, you raise some serious concerns about the child's mother and her boyfriend. That said, a court looks to a laundry list of factors in deciding the placement and custody of a child and you would want to work closely with the best family law attorney you can afford to do what you can to help your child. To use an analogy, you showed us about 10% of a painting and asked us to evaluate the full work. Family law is perhaps the most emotionally-charged area of law on average and 99% of people are going to be better off if they have an emotionally distanced professional framing and advocating for their position.

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  • Can my probation officer put me in jail if I don't have a place to live? In Wisconsin.

    I was recently committed to a psych ward due to mental health issues and afterwards was put in jail due to a warrant for not going to see my p.o. After i seen her and was released She told me the next time i see her i need to have a permanent add...

    Nick’s Answer

    I agree with both other answers. She has no duty to be your social worker and get you housing. You need to be making a good faith effort to find housing and document your efforts well because if she thinks you aren't performing, she will be far more likely to bring revocation proceedings against you. Documenting your strong efforts (an hour or two every day should be enough) should be enough to dissuade her from bringing revocation proceedings and would also be a good argument you could make at any revocation hearing.

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  • Please see details below.

    WI statutes authorize the Family Court, when only one party to a divorce action has affirmed that the marriage is irretrievably broken, upon motion of one party or on its own motion, to order the parties to seek counseling. A party to the action s...

    Nick’s Answer

    If the statute authorizes something but does not compel it, there is discretion on the part of the decision maker. The court might have effectively denied the motion by not scheduling a hearing on the motion but what would your damages be? If the judge/family court commissioner was essentially telling you he/she would not be ordering counseling by not scheduling a hearing on a motion to compel counseling, then how was either party damaged by the delay? Generally speaking if one party wants a divorce and the other doesn't, court officials aren't going to compel counseling. There might be a mediation requirement but courts don't ordinarily second guess parties who claim the marriage is irretrievably broken.

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  • Attorney did not bring proof I was served my summons for nearly 6 year old debt court proceedings.

    I attended a court date today for a debt for a credit card that I have not paid in just short of six years. (Six years seems to be the SOL for credit cards in Wisconsin, where I live.) I was served papers a few weeks ago, but the attorney for the ...

    Nick’s Answer

    You are entitled to a trial where they would need to prove that the debt they claim exists is accurate and that they have standing as the assignee of the debt. You should be able to get proof of the debt before the trial, too. A judge is not going to be too patient with you if he/she sees you as trying to weasel out of your responsibilities, but most judges also don't like most debt purchasing/collecting entities either, especially when the credit was arguably predatory in some way (payday loans, auto title loans, cards with low credit limits and high fees designed to trap unwary people with poor credit with small but long-term debts.

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