I will be closing the office at noon on Thursday, August 21st, remaining closed all of Friday, August 23, 2014. Regular hours will resume on Monday, August 25, 2014. Thanks for your understanding!
Johanna R Kirk
I will be closing the office at noon on Thursday, August 21st, remaining closed all of Friday, August 23, 2014. Regular hours will resume on Monday, August 25, 2014. Thanks for your understanding!
Johanna R Kirk
After an amazing week cruising Lake Superior and Lake Michigan on the Edgar B. Speer I am back in the office. Thank you all for your patience while I was out!
Johanna R Kirk
The weather is hot and humid outside. Let’s spend some time thinking about colder weather and activities. There are only 101 days until November 22, 2014 – Opening Day for whitetail rifle hunters. For those of you who are regular hunters you will want to know about some changes in hunting regulations. Perhaps the biggest change you are going to see is a complete re-organization of deer management units. Gone are the numbered units so many of us grew up. The state now has four hunting zones that are designed to better match county boundaries.
The new zones reflect hunting opportunities. A new crossbow specific license is available with crossbow season matching archery season. Antlerless tags are not going to issued for free in the northern half of Wisconsin but are available for purchase. The free, statewide, antlerless tag that you used to get with your license will NOT be issued this year. A final big change that you should watch for is alternative registration options. The DNR is moving towards phone, internet and smart phone registrations. Some hunters will be asked to voluntarily participate in alternative registration methods.
For more information about the changes to management units, seasons, and licensing requirements, visit the DNR website. The site has some helpful Q&A’s. It also contains a very informative twenty minute video. A brochure about changes can be found here: DeerRuleChanges2014.
People who know me well know that I am more of a snow bunny than a beach bum. I’ll take a wind chill advisory over a heat index warning. On a day like today when the heat index is hitting the area of 90 degrees, I find my inner calm by thinking about a snowy morning in a deer stand. For the 2014 season, that means knowing about the changes to regulations, seasons, licenses, and registration options.
Johanna R. Kirk; Kirk Law Office, LLC. Superior, WI
In working with school districts and municipalities the question about access to public records comes up on a regular basis. Wisconsin law defines public records and the process for requesting them as well as the obligations of a public agency to provide access to the records. The law also sets out exceptions for items that do not have to be disclosed. In today’s era of e-mails, text messages and social media, the definition of a “public record” is not as clear as it used to be. Based on prior court decisions, it is known that e-mails generated in a public office, for public purpose, are public records. Wisconsin’s Court of Appeals recently addressed the question of whether the identity of an e-mail sender or recipient is a “public record” or whether it is excluded as personal information or information that could identify a specific person.
The Court ruled that the identity of a sender or recipient is public record and must be disclosed. The League of Wisconsin Municipalities summarizes the case well. The case involved a request for e-mails sent to and from State Senator Erpenbach. Erpanbach’s office redacted all the “to” and “from” information claiming that it was personal, that disclosure would expose people to harassment, disclosure would have a chilling effect, the information was protected by the first amendment, and that senders or recipients expected their identity would be protected when communicating with lawmakers. The Court rejected all these arguments and sent the case back to the circuit court level with an instruction that the e-mails shall be disclosed with the sender/recipient disclosed.
Johanna R Kirk; Kirk Law Office
The State Bar of Wisconsin has published a helpful guide on fireworks laws. Having once told a county sheriff’s deputy, “Yes sir, we’re all done lighting them now,” I suggest you read it!
The full article can be found here:
Highlights from the article:
“I think we all realize that there is a significant amount of use of fireworks without a permit,” said Kelly McKnight, district attorney for Ashland County in northern Wisconsin.
“Perhaps law enforcement simply has bigger fish to fry on July 4 than illegal firecrackers and bottle rockets,” McKnight said. “I’m not trying to minimize the illegality of fireworks without a permit. I just know from experience that July 4 and the surrounding days can be a pretty busy time for law enforcement, and I doubt illegal fireworks top the list.”
Under section 167.10, certain July 4 novelties are not considered “fireworks” and anyone can use or possess them. No permit is required.
In general, a device is illegal, without a permit, if it explodes or is propelled into the air.
Fireworks can only be sold to individuals who have valid permits. However, in-state firework vendors can also sell fireworks to nonresidents who don’t have a permit to buy, so long as the fireworks are packaged and shipped outside the state.
Illegal sales are subject to a $1,000 fine.
However, if an Indian tribe has its own firework ordinance, state firework regulations cannot be enforced on tribal lands unless exceptional circumstances exist.
Have a happy Fourth everyone, and be safe!
Johanna R Kirk
Sorry folks, but I’m heading out of town again. This time, to Lake Geneva, Wisconsin for the Wisconsin State Bar Annual Meeting & Conference. I will be attending business meetings for State Bar groups that I volunteer with. I also will be presenting with a panel, “Law Firm Boot Camp: A Practical Guide to Hanging Your Own Shingle.”
Weather forecasts have Lake Geneva in the mid-70’s this week. And sunny. Enjoy the fog, I’ll be back in the office on Friday!
Johanna R Kirk; Kirk Law Office, LLC; 1418 Tower Avenue Suite #6; Superior, WI 54880 (715) 718-2424
Wisconsin Lawyers Mutual Insurance Company (WILMIC) provides professional liability insurance to attorneys of Wisconsin. Their 2013 Annual Report to Policyholders featured Kirk Law Office,
A full copy of the Annual Report and article can be found here: AnnualReport-1.
Thank you, WILMIC, for all that you have done, and continue to do, to make my life easier!
Johanna
The City of Superior municipal code MANDATES insect screens. That’s right, you MUST have insect screens on certain windows and doors! I stumbled across this gem by accident but think it’s a fun one to share!
Attorney Johanna R Kirk
Kirk Law Office, Superior WI
That word. “Probate.” It scares so many people. It brings thoughts of back corner offices in the Courthouse where staff sift through a person’s Will to see who is getting what. Add that other scary term, “death tax” and it’s enough to make a family bury their head in the sand like an ostrich. Unfortunately, burying your head is the worst thing you can do.
I don’t have the time to tell you all the details of the probate process and what to expect when your loved one dies. You wouldn’t want to read about it anyway – for the most part it is boring forms and paperwork. But I do advise that every family consult with an attorney when someone dies. Probate for your loved one may be complicated, especially if there were extensive debts and family disputes. But for the majority of people, probate can be, and is, a fairly painless process.
The Wisconsin Probate System Handbook (published by the Wisconsin Bar Association) describes the process,
“Probate proceedings are held in a court with the jurisdiction to determine the rights in a decedent’s property. Probate usually involves the following three stages: (1) inventory and collection of assets owned by or owed to the decedent; (2) payment of the decedent’s debts and taxes and the costs of estate administration from the decedent’s assets; and (3) distribution of the balance of the decedent’s property in accordance with the decedent’s will or, if there is no will, in accordance with the statutes of intestate succession.”
In some situations the court process may not even be needed. If the deceased person had a total net worth (assets minus debts) of less than $50,000.00 the process can be completed very simply with minimal paperwork.
There generally are three types of probate, Formal, Informal and Summary Proceedings. Formal probate requires a personal representative and lots of court supervision. Informal Probate also requires a personal representative, but has less court supervision. Summary Proceedings do not require a personal representative and assets are usually assigned or transferred without court supervision.
Regardless of whether your loved one died with extensive or minimal assets, it is worth your time to consult with an attorney to find out what obligations you might have to start a probate, how to remove the deceased’s name from property, and how to appropriately pay debts and distribute things to survivors.
I have extensive experience in handling probates ranging from a value of “bankrupt” to multi-millions of dollars. I have handled contested probates where family members are fighting over assets and peaceful ones where the process goes very smoothly. If you have a question about probate or what might need to be done after someone has died, contact me. I am happy to answer questions and provide help.
Johanna R Kirk – Kirk Law Office, L.L.C. 1418 Tower Ave. Suite #6; Superior, WI 54880