Wisconsin Business Law Blog : Waukesha, New Berlin, Oconomowoc Corporate & Real Estate Lawyer & Attorney

I will be hosting two call in talk shows on WTKM, 104.9FM and 1510AM, starting at 10:00am, on Tuesdays, November 22 and December 20. WTKM is located in Hartford, Wisconsin, but reaches listeners from Racine to Madison to Sheboygan. Listeners are encouraged to call in with their legal questions. Callers in Hartford may dial 262-673-3550, from Oconomowoc may dial 262-567-7588, from the Milwaukee metro area may dial 262-252-4567, or from beyond may dial 800-924-9856. Callers calling from a US Cellular phone may dial *105.

I would love to have you join us for an hour of interesting legal discussion!

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In a recent post, Findlaw, a large web-orientated legal business, suggests that "FindLaw's estate planning content covers the range of options for our users to find the plan that fits them best." and that "FindLaw's estate planning content includes....do-it-yourself forms." Is it a good idea to try to do one's will by oneself, using online forms, without consulting an attorney?

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On June 26, Governor Scott Walker signed into law Wisconsin's 2011-2013 biennial budget bill. This bill increases the amount that one may sue in Small Claims from "$5,000 or less" to "$10,000 or less." This means that claims for money judgments, garnishments, attachments or actions to enforce a lien upon movable assets may now be brought in Small Claims Court, so long as the amount in controversy is $10,000 or less.

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On December 17, 2010, President Obama signed into law the Tax Relief Act of 2010, PL 111-312 (known by its full name of "Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010"). This law extended most of the Bush Era tax cuts for another two years. In addition, some provisions were added that are a benefit to most Americans.

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It is common that at a foreclosure sale the mortgagee Bank will submit the winning bid at the amount owed on the mortgage of the property at issue.  But what if the amount owed is significantly less than the “market value” of the house?  Can the court under Wisconsin law refuse to confirm the sale as unconscionable?  The answer in Wisconsin appears to be  - the court can only refuse to confirm the sale  if there is a demand by the Bank for a deficiency judgment and either the price is inadequate due to a mistake, misapprehension or inadvertence or the price is so inadequate that it shocks the conscience of the court.  In other words, if the Bank doesn’t seek a deficiency judgment, then mere inadequacy of price is not a sufficient reason for a court to fail to confirm a sale.  Such propositions were set forth in a recent unpublished Wisconsin Court of Appeals decision, Countrywide Home Loans, Inc. v. Daniel J. Russ, et al, Appeal No. 2009AP2873. 

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My good friend, Ed DeFrance, at Baird, just sent me an article Baird puts out about the new health care law and a new tax which will affect high income filers. It seems that if you have household income over $250,000, starting in 2013, a new Medicare Tax of 3.8% will apply to interest, dividends, capital gains, rents and royalty income. This is in addition to

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