Tag Archives: Lawyer

Lending Money to Family Members? Be Mindful of These Common Pitfalls.

loanWhen one family member lends money to another, both parties often believe that the deal they make is just between the two of them. But in the eyes of legal and tax authorities, the lending business is just that—a business. These seemingly private activities can come with some very business-like strings attached.

Here you’ll learn a few items that you should keep in mind if and when you decide to make a loan to a family member, friend or some other individual in your life.

Think About How the IRS Treats Interest

In a deal between relatives or friends, the “lender” sometimes decides not to charge interest on the loan. Perhaps the loan amount is small, or perhaps there is a feeling of ill will that parties tie to the thought of interest.

But if you do not charge interest, or if you charge a rate lower than something called the Applicable Federal Rate (AFR), be prepared for tax consequences. The IRS will tax the maker of the loan on the amount of interest that the lender should have charged. Continue reading

Big Mistakes & Broken Cars: How Wisconsin Law Protects Car Buyers

lemonlawThe decision to buy a vehicle is one of the most significant purchase decisions a person makes. For most Wisconsin families, car payments make a big impact on family finances. Add unexpected problems with the car, and costs skyrocket due to repair costs and expenses associated with not having reliable transportation.

Does this sound all too familiar to you? Are you experiencing transportation and financial setbacks due to a troublesome car? Is the stress of this overwhelming you?

If you answered “yes,” you probably want to know if there is anything you can do to recoup all of your losses. Could your broken car, in fact, be a “lemon?” If it is, there is some good news. Wisconsin’s Lemon Laws protect you and others like you who buy or lease new vehicles from dealerships. Continue reading

Wisconsin Adverse Possession Law: Do Recent Changes Matter?

FenceThe legal doctrine of adverse possession allows a person or entity to assume ownership of another’s property if that person or entity adversely possessed the land and certain conditions have been met. One might think that this old common-law doctrine is no longer relevant. Yet, adverse possession claims continue to cause numerous real estate disputes in Wisconsin and elsewhere.

What Is Adverse Possession?

A typical adverse possession case involves a fence. Take this situation as an example: one farmer accidentally builds a fence 12 inches over the property line of his neighbor’s land. After a certain period, usually 20 years, the farmer who built the fence could obtain title to those 12 inches under the law of adverse possession. This 20-year period is shortened to 10 years if the claim is supported by a written instrument that transferred the property to the adverse possessor. It is shortened to 7 years if supported by a written instrument and the adverse possessor had been paying the real estate taxes during that period. Continue reading

No-Contest Clauses in Wills and Trusts: What You Need to Know

family picIt seems like challenges to wills and trusts have become increasingly common. We often hear news stories about celebrities whose families spend a great deal of time and money fighting high-profile battles over their inheritances.

Many people who contact our law office for estate planning services follow the news. They ask us how to prevent fighting in their own families, ensuring that matters run smoothly as intended. We talk with them about the strategies available to minimize infighting, and the topic of a no-contest clause is often raised.

What Is a No-Contest Clause, Exactly?

A no-contest clause (sometimes called a “penalty clause” or “in terrorem clause” in Latin) is a special provision that can be added to a will or trust. It says that any beneficiary who tries to challenge the document will be eliminated from distribution of assets. In short, if you try to challenge the will, you will be cut out of it. If you try to challenge the trust agreement or the administration of the trust, you won’t receive any funds. Continue reading

Employees vs. Independent Contractors: What About Taxes?

employee-contractorIf you own and operate a business, you must be mindful of the relationships you have with individuals who perform work for you. For instance, if you choose to hire employees, you take on the responsibility for withholding their taxes. You can avoid that withholding if you choose to instead purchase services from people who work independently.

Federal and state laws distinguishing independent contractors from employees are complex. Are you confident that you are on safe ground with the IRS when it comes to employment classification?

The Financial Pitfalls of Misclassification

Misclassification of an employee or independent contractor can lead to dire financial consequences for your business. For instance:

  • If you mistakenly categorize employees as independent contractors, you could face serious financial consequences. An audit or complaint may make you responsible for the income tax, Social Security, Medicare and unemployment withholding you did not withhold at the time the services were performed. Penalties may also apply.
  • Employees who believe they have been misclassified as independent contractors sometimes file lawsuits against their employers. Defending against an employment lawsuit is costly, even if you win.

Continue reading

DIY Business Formation: Are You Sure It’s Right for You?

startup-1018514_1920More Wisconsin-based entrepreneurs are taking the initiative to create their own business entities than ever before. And why shouldn’t they? Starting a business seems as easy as filing a form with Wisconsin’s Department of Financial Institutions (DFI).

The DFI is the filing office for creating Wisconsin corporations, limited liability companies, limited partnerships and other business types. And it’s true: Creating a business entity starts with filing a form there. There are many additional legal matters to consider when forming a business, however. Overlooking these matters can expose you to the risk of litigation, even putting your personal finances at risk.

Items to Consider When Starting a New Business

In addition to filing a form with the DFI, it’s a good idea to:

Properly prepare your operating documents. Depending on the type of business you create, you may be expected to prepare certain operating documents. These can include bylaws, operating agreements, partnership agreements or other important documents. The documents are critical. They define your organization’s operating terms and help protect your legal rights and responsibilities. Continue reading

Can I See Your IRS Identification Card?

Taxes PicIf you receive a phone call from someone claiming to be an IRS tax collector, you have a right to be suspicious. Since 2013, con artists have stolen tens of millions of dollars from innocent people by claiming to be collecting back taxes. The Treasury Inspector General for Tax Administration has received nearly 900,000 complaints regarding phone scams of this type.

The IRS does use private collectors to gather back taxes owed to them. But this form of fraud is so common that you are safer assuming a caller is not legitimate, particularly if they ask you to make a wire transfer or use a prepaid debit card immediately to avoid penalties.

One hallmark of this tax scam is the aggressive and threatening nature of the calls. Scam artists need to get your money quickly—and without an obvious trail—to avoid landing in jail. They may threaten to have you arrested or deported. They may threaten to seize your bank accounts or repossess your vehicle. They may threaten to have your driver’s license revoked. In short, they will threaten you with anything to get your money. Continue reading

Estate Planning: Preparing a Will, Hudson Wisconsin

Need Help Making out a Will? Preparing your Will is Important Business.

Elderly Lady Planning a WillAs an Estate Planning Lawyer, I often meet new clients who tell me that they’ve been putting off having their will prepared for several years. It’s certainly an easy thing to postpone. When we’re younger we often feel invincible – as if we’ll live forever. We don’t think about preparing a Last Will and Testament until we’re prompted by a certain event in our life such as a death in the family, a medical crisis, or even taking a long-distance vacation. But it’s never to soon to be prepared – every adult should be thinking about their estate plan. And drafting a will should not be taken lightly, it’s very important business. Continue reading

Is a Limited Liability Company (LLC) Right for me?

Creating a Limited Liability Company (LLC)? Use Caution…Starting a Business is not always a simple venture

Limited Liability Company (LLC)So you’re starting a new business? It can’t be that difficult…can it? You do the research and decide that a Limited Liability Company (LLC) is the best entity for your new venture. You may event go online and register your new entity with proper state agency. But use caution. Before you open the doors of your new business be sure you consult with a qualified Business Law Attorney to ensure that you’ve covered all the bases. Continue reading

Annual Gift Tax Exclusion and Medical Assistance Help Hudson WI

Elder Law and Estate Planning Attorney serving clients in Hudson, WI and surrounding communities

Gift Planning and Medicaid…Use Caution!

Annual Gift TaxThere are many reasons why we make gifts to our children or loved ones. Whether we’re helping them with college tuition, buying that first home, or assisting with a medical or financial hardship, we’re compelled to take care of our family. As an Estate Planning Attorney I find that many of my clients in their senior years often feel the need to begin gifting their assets to their children or grandchildren. But great care should be taken when making gifts in our later years. Careful planning with an attorney experienced in Estate Planning and Elder Law is necessary to help ensure that your gifting is not jeopardizing your eligibility for the Medicaid program should you ever need assistance with your medical expenses or long-term care needs. When I explain this to my clients, their first response is always to remind me of the annual gift tax exclusion, which allows them to gift a certain sum of money to each child and/or grandchild each year without gift tax consequences. Well, that’s true, but read on. Continue reading