Category Archives: Legal Matters

Wisconsin Governor Signs “Safer At Home” Order to Combat Coronavirus

Today Wisconsin Governor Tony Evers signed Emergency Order #12, the “Safer at Home” Order, to help combat the Coronavirus. The order outlines the travel that is permissible within our state, the travel and activities that are prohibited, and the essential activities and functions that will be allowed. It also addresses the precautions that we should all be following. The full text of the order can be found at https://evers.wi.gov/Documents/COVID19/EMO12-SaferAtHome.pdf

Kosa Law Office will remain open as an Essential Business under the new order, but we will continue to strictly follow all recommended precautions, including distancing and disinfecting, and using technology and teleconferencing whenever possible. We are devoted to serving the needs of our clients with their estate planning, elder law, probate, real estate law, and business law needs. We realize that these needs can often be imminent and time sensitive, and cannot always be delayed until this difficult time has passed.

Please don’t hesitate to contact us if you have pressing legal needs. We will welcome the opportunity to assist you however we can, in safe and appropriate manner.

Thank you.

Attorney Stephen Kosa

Say Goodbye to Wisconsin’s Rental Weatherization Program

Wisconsin’s Rental Weatherization Program has been in effect since 1985. The program was the result of State legislation passed at that time which directed the Department of Safety and Professional Services to develop energy conservation standards for rental properties. If you are a landlord or own a residential rental property in Wisconsin, chances are that you’ve had to deal with the legal requirements of this program. However, due to recent legislation, the program will sunset on January 1, 2018.

What was the Purpose of the Program?

The original intention of the Rental Weatherization Program was to ensure that residential rental properties met certain minimum energy conservation standards at the time such a property was transferred to a new owner. The intended benefits of the program included: reducing the overall demand for heating fuels, shifting the costs of weatherization and energy-related repairs from the tenant to the landlord, and decreasing the state’s dependence on imported fuels, just to name a few. Certain types of properties and transfers were exempt from the program requirements, but many rental units fell within the program’s guidelines. Continue reading →

Rental Car Insurance – Is it a Good Buy?

Whenever you rent a car, the rental company will attempt to sell you an insurance package for an additional (and sometimes hefty) cost. The decision to purchase or decline the insurance can be hard to make – how do you know if you really need it?

The answer, of course, is “it depends.” Every driver has his or her own unique circumstances to consider, so it’s not easy to come up with a clear-cut answer for all. According to Autos.com, the number of drivers who buy the insurance is roughly the same as those who decline it.

In this article, we’ll lay out some of the pros and cons of buying car rental insurance that may help you make your decision. Here’s something to remember: Car rental companies do not put all the information about their insurance policies on their websites. Be sure to call or visit their office in person to get that information. Continue reading →

Drones Are Taking Off, and So Are Laws Regulating Them

droneblog The growing popularity of drones in the U.S. and around the world has regulators, businesses and every day enthusiasts all scrambling to understand what these unmanned vehicles are capable of and the roles they may play in our daily lives. With corporations openly stating their intent to use drones for everything from delivering packages to supplying internet connectivity, and private citizens buying them for recreational use, the law is having a difficult time trying to keep up with these fast-moving devices.

Near-Misses on the Rise

As drone usage has surged over the last half decade, so has the frequency of dangerous incidents in which they have been involved. On November 14, in the skies above Toronto, a Canadian airliner with 54 people aboard had to use evasive maneuvers to avoid a drone, injuring two crew members in the process. In April, a British Airways aircraft collided with a drone as it prepared to land at London’s Heathrow Airport; fortunately no one was hurt. The FAA indicates there are 3.5 near-misses between drones and aircraft every day in U.S. airspace alone. Continue reading →

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

loan When 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

lemonlaw The 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 →

Employees vs. Independent Contractors: What About Taxes?

employee-contractor If 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 →

Wisconsin’s Primary Election: How it Works and How to Vote

Election photo Wisconsin will hold Democratic and Republican primaries on Tuesday, April 5, 2016, between 7 a.m. to 8 p.m. The process can sound complex, and people are often confused about when, where and how to vote. We hope that this blog post answers some of your questions.

How the Wisconsin Primary Process Works

In both parties, the delegate system helps make sure that the candidate chosen is the most representative and the most likely to be competitive in the general election. The parties hold primaries to choose delegates. Those delegates will then represent their states at their party conventions prior to the presidential election.

For Democrats, 86 pledged delegates are at stake. For Republicans, 42 pledged delegates are at stake. The parties do things a little bit differently:

The Democrats: Delegates will be allocated proportionately. Candidates will each receive a percentage of the pledged delegates, depending on how people vote. There is a threshold, however: A candidate must receive more than 15 percent of the votes cast in order to be allocated pledged delegates.
The Republicans: Delegates are allocated on a winner-take-all basis, so the candidate who receives a relative majority of the votes will be allocated all of the pledged delegates.

Continue reading →

3 Ways a Do-It-Yourself Estate Plan Can Fail You

Will Pic There is no question about it; lawyers are not cheap. The concern over costs often drives individuals to try handling certain legal tasks on their own. This is especially true in the realm of estate planning—people will often try a do-it-yourself will or trust based on an online form or book. And while DIY estate planning is absolutely the least expensive option up front, it often causes extensive grief and financial loss down the road.

3 Reasons You Should Have Hired a Lawyer in the First Place

You have a legal question. DIY providers do not and cannot offer legal advice. They are not able to advise you concerning your unique circumstances, goals and needs. And they provide standard documents that cannot take into account every state’s rules regarding estate planning and probate. So even if you choose to work through LegalZoom, Nolo or some other DIY provider, you may end up calling a lawyer anyway and having to pay for consultation time to discuss your questions or concerns.
You made a mistake. One term used incorrectly, one preference incorrectly stated, one detail completely left out, or an improperly executed document—these are just a few of the ways a DIY will can become null and void at worst, or cause extreme family strife in the least. If you are lucky enough to catch the mistake before you pass away, at least you have the chance to fix it. But fixing it will come at a cost, as you will need to work with a lawyer to discuss your intentions, review your will and make revisions.
You need help after you create your documents. You have a trust and a will. But are they effective? Are you certain you have set everything in motion to fund your trust? Are your named beneficiaries consistent across your will, life insurance policies, bank accounts, etc.? If you are unsure how to do all of this, you will need a lawyer to assist you. And the time it takes to catch your lawyer up, and have your lawyer review all of your documents, and then to gain assistance will likely cost you more than had you gone to a lawyer in the first place.

Continue reading →