Attorney John Perla, Estate Planning, Probate, Real Estate, Title 19, Condos

05/17/2022

CBRF care facilities must be more diligent in the care they provide to our aging senior citizens. That is what they are in business for so they need to be more aware of the circumstances.

The statutory scheme that governs medical malpractice lawsuits does not apply to bar a wrongful death lawsuit filed against a community-based residential facility, the Wisconsin Supreme Court has ruled.

05/09/2022

Perla Law Office salutes K Nick Vogel of the Houston Gamblers as the top kicker in the USFL. Vogel went 3-3 today and now has 4 50+FG so far this year. Keep up the good work.

03/28/2020

One of the best articles offered up during this pandemic crisis. Times like these require changes to some of our witness and notary provisions for Wisconsin Estate planing documents.

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

05/21/2019

K/P Kaare Vedvik is back for his second season with the Ravens. OTA's in full swing

10/04/2018

More changes to the Landlord Tenant law. The power may be shifting slightly as landlord's get some protection from frivolous defenses by tenant's. Expect more refinement in the next few years.

2017 Wis. Act 317 is the latest in a series of legislation to substantially modify landlord-tenant laws. The act´s most significant changes include clarifying laws regarding assistance animals in rental housing, responsibility for repair costs, rent abate

06/05/2018

The homeowner is in serious default on his mortgage. Your legal rights aside how can the homeowner in good conscience contest the foreclosure. Well there are ways to do it but eventually the bank gets it right and the second foreclosure will continue.

When a circuit court dismisses a foreclosure action for borrower default, claim preclusion does not bar the lender from bringing a second foreclosure action for continuing default, the Wisconsin Supreme recently ruled in a unanimous (7-0) decision.

05/25/2018

I guess brokers need to stick to the listing agreement to have a chance to enforce the commission provision. It doesn't happen often but some brokers will try to enforce the commission even thought a deal falls through. Not that it is improper but if you are going to stick your client with a commission when they really did not sell their property or business then make sure the facts fit the listing contract. The Supreme court felt that way in this recent decision.

A commercial real estate agent argued that he was entitled to a $72,000 commission under a seller´s listing contract because he found a buyer, even though the sale fell through. Recently, the Wisconsin Supreme Court disagreed.

04/15/2018

Can't stress enough the value of estate planning and "End of Life" Decision making. The State Bar of Wisconsin has embarked on a very proactive program to get the ppublic to be aware of this critical area.

https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=10&Issue=6&ArticleID=26257

03/22/2018

Watch for falling trees next time you are out for a walk.

While walking a public path, a woman was struck and killed by a tree branch cut by a tree trimming service. Recently, the Wisconsin Supreme Court ruled (4-2) that a recreational immunity statute does not bar an action against the tree company.

11/06/2017

Most people have the misconception that their will controls their asset distribution on death. With all the various ways to avoid probate, attorneys are constantly telling clients that PODs and TODs (transfer on death documents that avoid probate ) are the way to go. This case highlights the law that the POD or the the TOD controls and not the will. Hard to believe the plaintiff in this ill-fated case even spent the time and money to litigate the matter.

Nov. 2, 2017 – Robert Zernzach deposited $200,000 into a P.O.D. (payable on death) bank account, naming two beneficiaries on the bank account agreement. Recently, a state appeals court ruled that a handwritten note did not change the P.O.D. beneficiary.