Posted on April 17, 2024 in Uncategorized

There are often occasions when one may share ownership of real estate with another person.   Many times, that business or personal relationship will run its course.   However, that does not solve the problem of what to do with the real estate.   When at least two co-owners of real property cannot agree on how best to use or dispose of a piece of real estate, either of them can seek partition.

What is Partition?

In Wisconsin, every co-owner who no longer wishes to own their interest in the real estate has a right to partition their interest in the property, no matter what ownership percentage of the property they own. Chapter 842 of the Wisconsin Statutes governs the partition of real estate in Wisconsin.

A partition can be done voluntarily, where all the co-owners agree to divide the real estate among themselves by exchanging individual deeds and terminating their undivided interests in the whole property. Sometimes in cases of dividing property, however, the co-owners cannot agree how to divide the property, so a partition action must be done judicially through litigation. These types of actions are typically seen in cases where siblings co-own an inherited property, or an unmarried couple decides to end their relationship. A partition action is a legal process where a court either physically divides the property between the co-owners or sells the property and divides the proceeds of the sale between the co-owners.

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 Posted on January 17, 2024 in Uncategorized

The Corporate Transparency Act (“CTA”), enacted in 2021, goes into effect on January 1, 2024. The CTA was enacted to combat illicit activity, such as tax fraud, money laundering and financing of terrorist activities.  Most entities and closely held businesses organized or operating in the United States will be required to file information about the entity and the individuals who own or control these entities with the Financial Crimes Enforcement Network (FinCEN).  Each Reporting Company must file a Beneficial Ownership Information report (“BOI report”) with FinCEN detailing the Beneficial Ownership of the Reporting Company and its Company Applicants.

What entities are required to report?

All Reporting Companies must comply with the CTA.  Subject to limited exemptions, “Reporting Companies” include all legal entities registered to do business in the United States, including corporations, limited liability companies, partnerships, certain types of trusts, and any other type of entity that is registered or formed by a filing with a secretary of state’s office or similar state agency.

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 Posted on November 21, 2023 in Uncategorized

As the end of the year quickly approaches, for those challenging their property taxes in Wisconsin, it brings about a bevy of deadlines and procedural entanglements.   A recent decision issued by the Wisconsin Supreme Court in Saint John’s Cmtys. v. City of Milwaukee, 2022 WI 69 (Wis. 2022), has done nothing to make that easier for taxpayers or their Wisconsin property tax lawyers.

In the Saint John’s case, the Wisconsin Supreme Court determined that Saint John’s claim for recovery of unlawful taxes pursuant to section 74.35, Stats., was procedurally deficient.   In so doing, it held that the "plain language of this statute requires Saint John’s to first pay the challenged tax or any authorized installment payment prior to filing a claim."   Id. at ¶ 3.

In this instance, Saint John’s attempted to challenge the determination of its tax-exempt status not once but twice prior to the payment of its taxes.   The second time Saint John’s filed the claim under section 74.35, Stats., it was filed on the same date it received the property tax bill from the City of Milwaukee.   Id. at ¶ 6.   Thereafter, the City of Milwaukee disallowed the claim because Saint John’s had not paid the challenged tax prior to filing the claim.   Id. at ¶ 7.   

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 Posted on October 16, 2023 in Uncategorized

Introduction

One of the last things you want to think about when your family home or your business has been damaged by storm or other event is jumping through all the hoops and paperwork that your insurance company requires. One of those hoops that is commonly seen after a sworn proof of loss is filed is an insurance company’s request for an Examination Under Oath (EUO).

Receiving a letter for an Examination Under Oath (EUO) can be a triggering experience, especially when dealing with a property damage claim in Wisconsin. Usually by that time you or your business has paid significant amounts of money for insurance premiums and the response in your time of loss is to put every aspect of the claim under a microscope. Rest assured, when you receive this request for an Examination Under Oath (EUO), the correct move is to be on high alert and contact a lawyer.

When you contact a Wisconsin insurance coverage lawyer to discuss this request, the lawyer will help answer your questions so that you can understand your rights and responsibilities pursuant to the insurance policy and comply with how the law is interpreted in respect to your claim.

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 Posted on September 05, 2023 in Uncategorized

When another party serves your business with a lawsuit, it can be a stressful and overwhelming experience. However, it is essential to remain calm and take immediate action to protect your business’s financial interests. Here are the key steps your business should consider taking if you find yourself in this situation in Wisconsin:

Contact an Experienced Milwaukee Business or Civil Litigation Attorney:

• The first and most crucial step is to consult with an experienced Wisconsin business or civil litigation attorney. Our team at Mallery, sc., is here to provide you with expert guidance throughout the legal process. Not only should you contact an attorney, but you should do so quickly. Depending on the type of summons and complaint your business has received, you may have either 20 days or 45 days to respond in Wisconsin circuit court.

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 Posted on August 28, 2023 in Uncategorized

Many businesses and individual insurance policyholders are targets of civil claims each year for a variety of reasons.  Policyholders are often faced with allegations of negligence or intentional acts, mistakes made by employees, defective work products or other sorts of property damage.   In those cases, if that business or individual has insurance coverage, then they can tender that claim to its insurance company to provide a defense and indemnification

However, insurance companies will often agree to defend claims only temporarily pending an investigation.   In those cases, the insurance companies will send their insureds letters indicating that while they are providing a defense, they are doing so subject to a "Reservation of Rights.’

What is a Reservation of Rights Letter?

In the event you receive a Reservation of Rights letter, one thing is certain, there is a risk you may not be covered for something that could be significant financially to you or your business.  Therefore, you should reach out to a lawyer experienced in insurance coverage disputes to discuss your potential risks and options.

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 Posted on February 03, 2023 in Uncategorized

We have all heard the stories. A long-lost aunt or uncle dies with no heirs, and their mansion and riches sit abandoned, waiting only for some distant relative to claim them. Unfortunately, fantastical claims like this have little connection to reality.

While the Wisconsin Department of Revenue (DOR) holds over $600 million in unclaimed property, real estate is not among its unclaimed holdings. Claiming abandoned real estate in Milwaukee is much more complicated than finding out about a long-lost relative. Usually, the Wisconsin School Fund gets the property of an intestate estate with no known heirs. Sometimes banks must foreclose upon abandoned properties and sell them at a sheriff’s sale at a depressed value.

There are also ways to claim property that was not previously yours through adverse possession. Adverse possession laws are complicated and have strict guidelines in Wisconsin.

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 Posted on December 16, 2022 in Uncategorized

Wisconsin recently enacted new laws for LLCs, which will take effect January 1, 2023. The updated laws are intended to modernize Wisconsin’s business entity laws, harmonizing them with each other and making Wisconsin a more attractive place to do business. Businesses and holding companies operating as Wisconsin LLCs should pay very close attention to these changes, a few of which we highlight below.

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 Posted on November 18, 2022 in Uncategorized

Wisconsin business owners know that honoring contracts is the bedrock of doing business. Whether you need a solid understanding of contract law to help run your business or need to understand how you can prove breach of contract after a deal goes bad, the team at Mallery s.c. can help. In this post, we will explain the basics of Wisconsin contract law and what to do after another party breaches a contract with you.

What Is a Breach of Contract?

In Wisconsin, a breach of contract happens when a party to a contract fails to abide by the contract’s terms. Proving breach of contract in Wisconsin requires more than merely asserting that one party has not fulfilled their end of the bargain. To prove breach of contract, you must show that the other party’s actions materially reduced the value of the contract or that their actions fundamentally altered the outcome of the agreement to the extent that one party would have the right to terminate the contract.

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 Posted on November 11, 2022 in Uncategorized

With the United States and the rest of the globe experiencing economic downturns, many distributors and suppliers are questioning whether they can perform under their existing contracts. Likewise, consumers are wondering if they’ll receive what they purchased online. Supply chain issues are rampant, affecting the availability of infant formula, cat food, and any number of products and services

Force majeure clauses excuse parties from performing under the contract in limited situations. If you’re experiencing supply chain woes, you may wonder, “Are supply chain issues force majeure?” The answer depends on the applicable law and the unique circumstances of your case.

Mallery, s.c. provides sophisticated legal services of a quality you’d expect at a large firm but the personalized attention of a boutique firm. We provide legal counsel to businesses and individuals throughout Wisconsin and take pride in our diligent and compassionate approach

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