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Sarah E. Fortune
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Sarah Fortune’s Answers

22 total

  • Does the guardian have the legal right to control finances without a court order, can guardian withhold information from sibling

    My sister was appointed guardian for my dad's medical care, he is in assisted living. We are transiting him home, she refuses to disclose any information or documentation regarding his finances to siblings.

    Sarah’s Answer

    One reason that the court may have only appointed a guardian of his person (for medical care) is that your father may have a power of attorney for finances. If this is the case, the person named by your father under the power of attorney for finances would have authority to manage his assets and usually would not have an obligation to discuss that management with third parties (including family members). You can bring an action before the court asking for an accounting by the power of attorney.

    If the court did appoint a guardian of your father's estate (for finances), the guardian is required to file an annual account. You may be able to request a copy of this account - depending on whether your relationship qualifies you under the state statute as a person interested.

    These are only two options. All options are case specific. Your best bet is to consult with an attorney.

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  • We lived in North Dakota before moving to Wisconsin. Is our ND will (2001) valid in Wisconsin or does it need to be redone?

    I note that the will cites ND statutes, hence my question.

    Sarah’s Answer

    Execution requirements for a valid will vary a bit from state to state. In Wisconsin, you must sign your will in the presence of two witnesses. I suggest that you have your existing will reviewed by an attorney.

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  • I was terminated today due to a tasteless joke on an email which stated I was joking.

    The email said remember the navy yard in regards to that event but was followed by just joking. I believe they used the opportunity to shrink down management staff and trim a higher salary. Have been a top line manager with no corrective action i...

    Sarah’s Answer

    Unless you have a contract for employment (e.g. you are covered by a union contract), you are an employee at will. This means that your employer can terminate your employment and you can quit for any reason (or no reason) so long as it is not based on your membership in a protected class. You may want to speak to an attorney if you think your termination may in any way be related to your age, race, religion, sex, sexual orientation, disability, etc. You may also want to speak with an attorney for advice as to whether your email rises to the level of misconduct for purposes of unemployment insurance eligibility.

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  • Equal Pay Act- How can I prove I was paid less than the man in the same position ?

    I know I can file through the EEOC, but is it better to have a lawyer? How hard is it to prove it? I'm looking for someone to help me. Thanks..

    Sarah’s Answer

    There is more to this than simply showing you are paid x and a male employee is paid y. I suggest you contact an employment law attorney for advice specific to your circumstances. For example, your attorney will likely look for information comparing you to the male employee(s) in question - actual hours worked, work tasks, seniority, etc.

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  • Can a co. pay a hairdresser 50% draw against comm. and put it on her check as an hourly wage and com.

    they demand how many hours a week you work and if you don't cover all the hours you get 7.25 an hour for those hours but they take that money back from your comm. the next week you are also paid every two weeks. if business is slow you keep havi...

    Sarah’s Answer

    Your question is unclear. Try rephrasing without the abbreviations.

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  • My son is in jail and may be looking at prison can I get legal guardianship of his daughter until his return

    The child is living with her Mother. It is not a very good environment. She is addicted to prescription drugs

    Sarah’s Answer

    There is a presumption in favor of the parent, but the standard is ultimately the best interest of the child. You will need concrete evidence as to why it is not in the child's best interest to live with mom. You should seek the assistance of an attorney who is familiar with both guardianship and CHIPS cases.

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  • If my manager asked me to use a pallet jack when knowing I was not trained to use.I told Manager I didn't know how to use it.

    can I sue employer for negligence? Even if workmans comp covered my medical bills and lost wages most lost wages anyways?

    Sarah’s Answer

    The better question may be what damages do you have that were not compensated through workmen's compensation. You should contact your attorney for the workmen's compensation case as he or she should be relatively familiar with your case already. Good luck.

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  • Do I need to pay a balance from a previous owner, if a new owner took over and can not provide me the proof of the balance?

    I live in an apartment that went into foreclosure, was owned by a company then was purchased by another. During the few months in this turn around, I always paid my rent on time and have proof of this. The latest owners are claiming there is a p...

    Sarah’s Answer

    The landlord's most likely choice for collection is small claims court, in which case, the landlord would be required to provide some explanation for the amount demanded. In the meantime, make sure you get and keep receipts for your rent payments.

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  • Can former landlord charge me to replace carpet in an entire apt for small stains in 1 room and the hallway?

    There are 2 small stains in the living room, one in the bedroom, which was caused by the apartments own construction crew. And small wear and tear in the hallway from salt/snow. Landlord replaced entire carpet in the 2 bed apt. without notice afte...

    Sarah’s Answer

    Your landlord should not be charging you for normal wear and tear to the carpet. Check your lease for non-standard rental provisions (this should be a separate page) discussing carpet cleaning/maintenance. Ultimately, whether the staining rises to the level of wast or damage would have to be determined by the court. Hopefully you can resolve this matter before it goes that far. I agree that the tenant resource center is a good place to start your search for information.

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  • How can I reverse a will?

    My mother passed in April of 2008 and 2 months before she died she changed the will. I know why she did and I feel it was unfair and unjust, I also feel she was not in sound mind when she did so. Here is the story. My fiance and I were broken up f...

    Sarah’s Answer

    It sounds like the money was put in a testamentary trust of which you are the beneficiary. You should speak with a trust and estates attorney. Wis. Stat. s. 701.13(3) provides that "if the trust property is valued at less than $50,000, the court may order termination of the trust and the distribution of the assets that it considers appropriate."

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