The K & B Blog

The property line between two neighbors always has the potential to create conflict. Neighbors often have different ideas about how they want their yards to look, and sometimes the neighbors do not even know where the property line exactly lies. Communication between neighbors can break down, and conflicts can become inflamed to include more issues [Read More…]

Whether you are a new parent or you have been a parent for many years, there are many advantages in having a will that provides for your minor child. It can be overwhelming to consider a difficult subject like death; however, it is necessary and in the best interest of your child. Continue reading to [Read More…]

Perhaps you have a legal question or just want to know more about a particular area of law and do not know where to start. It may seem difficult to call up your attorney and begin asking questions without a little background first. Today we will discuss some useful online resources for clients and members [Read More…]

Adverse possession is a doctrine that comes from our Anglo-American common law tradition. In general, the doctrine of adverse possession aims to facilitate, over time, ownership of land to people who use it and remove ownership from people who do not. It might seem like an old legal doctrine does not have a large impact [Read More…]

As you buy, sell, and perhaps inherit real estate, you may encounter several different types of deeds. Perhaps you are simply curious to know why more than one kind of deed to real property exists, or maybe you are on the verge of buying or selling a property and have questions about those differences. Continue [Read More…]

In 2022, Kelly & Brand, Attorneys at Law, LLC was pleased to have been voted “Best Law Firm” in the “Best of Winnebago County” competition. With your help, we think we can win again! Help us by voting for our firm once a day, every day, from April 10th through April 24th.  Click the following [Read More…]

In 2022, Kelly & Brand, Attorneys at Law, LLC won “Best Law Firm” in the Best of Winnebago County competition, and we’d like to win again! To make nominations, go to this link: https://thenorthwestern.gannettcontests.com/Best-of-Winnebego-County-2023/. Nominate our firm for “Best Law Firm” in the “Services” category. You can nominate us once a day, every day, from [Read More…]

Some people view jury duty as an inconvenience and are not enthusiastic about serving on a jury. However, serving on a jury is not only part of every citizen’s civic duty, it also offers the opportunity for a deep and personal look into the court and justice system. While it may feel like being called [Read More…]

Having the authority to perform notarial acts can be useful in your career, and some kinds of jobs may even require it. However, the process of becoming a notary can sometimes be confusing without a guide to inform you of the necessary steps. Continue reading for a brief overview of the process of becoming a [Read More…]

Mediation is becoming a popular method for settling disputes to avoid the long, stressful, and costly process of preparing for a trial. Mediation allows the parties to communicate their views in a safe and confidential setting with the goal of settling the case in a mutually beneficial manner. However, the mediation process can bring its [Read More…]

Preparing for a deposition can be stressful if you are unfamiliar with the process. It can be intimidating for a client to sit in the “hot seat” and answer a battery of questions from the opposing party’s attorney. Ideally, your attorney will help prepare you for a deposition by explaining what to expect throughout the [Read More…]

While most gifts we give and receive on birthdays and holidays are simple, the legal concept of the gift is more complicated. Continue reading to receive a brief introduction to the legal concept of the “gift” and why someone might choose to include a gift in their estate plan. First, let us discuss what a [Read More…]

For many, finding an attorney can be a daunting process. Usually, people do not start looking for an attorney to represent them until a conflict or an issue has occurred. In that case, not only do they have to deal with the toll of a conflict on their mental, emotional and financial health, now they [Read More…]

For individuals who own or might want to buy real properties, it is important to be familiar with easements. An easement on your property may constrain the developments you can make or can require or prohibit you to taking certain action. An easement that prevents you from doing something is called a negative easement. An [Read More…]

When a new conflict arises and you find yourself beginning the litigation process, it can be stressful if you’re unfamiliar with the process. Last week we discussed the general process of litigation. If you missed the discussion, click here https://kellybrandlaw.com/blog/detail/id/304/An-Overview-of-the-Litigation-Process. This week we will discuss the path a case travels through the different levels of [Read More…]

When a new conflict arises and you seek the advice of an attorney, the unfamiliar process of litigation can be intimidating. It may feel like the uncertainty of the outcome, time, costs, and effort make it difficult to know whether to pursue legal action. In this blog post, we will discuss the general process of [Read More…]

Whether you’re a landlord or someone who rents from a landlord, you may have questions about the process of renting and your legal rights and responsibilities. If you’re looking for a place to live, it can be tempting to do whatever the landlord asks simply so you have shelter. If you’re a landlord, it can [Read More…]

Some legal matters involve a relatively small amount of money. These kinds of matters can be settled in small claims court. Continue reading for a brief introduction to small claims court, the kinds of disputes settled there, and when it’s a good idea to involve an attorney in these kinds of matters. In Wisconsin, small [Read More…]

Bankruptcy is the legal process in which people who cannot repay their debt obligations (called debtors) can be discharged of most kinds of debt. Chapter 7 and Chapter 13 are the two kinds of bankruptcy that are most common. Continue reading to receive a brief introduction to Chapter 7 and Chapter 13 bankruptcies.             Even [Read More…]

Last week’s blog was about the importance of being honest when disclosing material defects for a property you are selling. If you missed that post, click here. https://kellybrandlaw.com/blog/detail/id/276/The-Importance-of-Being-Honest-When-Disclosing-Material-Defects-of-a-Property In that blog, we noted that an attorney can provide legal advice on what constitutes a “defect.” This week’s blog will provide a quick overview of the [Read More…]

Kelly & Brand, Attorneys at Law, LLC is pleased to announce that it has been named the Best Law Firm in the Oshkosh Northwestern’s 2022 Community Choice Awards. We would like to thank all of the local community members who supported us throughout the nomination and voting phases of the contest. Our team is proud [Read More…]

Let’s say you have found a buyer for a house you’re selling. You’ve probably gone through the long process of listing the house, holding public viewing events, finding a buyer, and making arrangements for moving your personal property. Additionally, you may feel a little anxious about preparing documents, like the Real Estate Condition Report, because [Read More…]

Kelly & Brand, Attorneys at Law, LLC is pleased to welcome Attorney Catherine A. Drayna as its newest member of the firm. Attorney Drayna was admitted to the State Bar of Wisconsin on June 1, 2022, upon earning her Juris Doctor from the University of Wisconsin Law School in May. Attorney Drayna is a former [Read More…]

An LLC and an LLP look structurally similar, but there are many differences between the two kinds of business entities. Perhaps you’re thinking of starting your own business, or maybe you’re just curious to know what those letters really mean when you see them after a business name. Continue reading to find out the main [Read More…]

An order to appear in court can be quite intimidating when you aren’t a party in a legal case and the language used in the order is formal and commanding. It’s also hard to know exactly what to do after you are served with a subpoena. Continue reading for a few important notes on subpoenas. [Read More…]

People decide to change their names for many reasons. Once a person chooses a new name, it can be difficult to know what steps to take next. For Wisconsin residents who want to legally change their names, there are a few requirements that must be completed. While these requirements do not necessarily need to be [Read More…]

When a family member passes away after time in a hospital or other long-term care facility, the stress of settling and closing the family member’s estate is often overwhelming. In addition to funeral arrangements, it can be difficult to understand what happens next, and how your family member’s debts and medical expenses will get paid. [Read More…]

When a friend or family member passes away naming you as Personal Representative of their estate, it can be difficult to focus on both grieving and fulfilling your legal duties. You may feel overwhelmed because, amid making funeral arrangements, you must also contend with the unfamiliar responsibilities as Personal Representative. This blog post will provide [Read More…]

Through the Public Trust Doctrine, Wisconsin’s state constitution protects the bodies of water within the state. In the summer we take advantage of this doctrine by relaxing on the beaches of lakes and boating or kayaking on rivers. Continue reading to receive a short introduction to this doctrine and its effects on the lives of [Read More…]

This week’s blog post will take a look at the law in entertainment. Television shows and movies that feature the law often include legal phrases in Latin. Not everything you see on legal TV is true, but often the phrases do have a legal meaning! Have you ever wondered what these phrases mean? If so, [Read More…]

A couple weeks ago, we posted a blog about how to create a valid will in Wisconsin. Since then, we have received several follow-up questions about wills. In this blog post we will cover two of these questions. First, what happens if I die without a will? Second, how can I legally change my will? [Read More…]

Many people have heard the term “probate” as part of the estate administration process but are unsure how the term interacts with certain estate planning tools like wills or trusts. Continue reading for a brief overview of the probate process.                 In general, probate is the legal process of administering the estate of someone who [Read More…]

Many people avoid the topic of creating a will because death can be a difficult subject to confront, or they simply don’t believe they have that much property to convey. However, making a will is an important task because the document dictates what happens to your property after your death. For example, you might have [Read More…]

Many people have heard of “gap insurance” in the context of insuring an automobile against excessive damage, but gap insurance in the real estate context is different. Let’s say that you are in the process of making an offer to buy a house. You probably know that you need to obtain title insurance to protect [Read More…]

As you buy, sell, convey, and perhaps inherit real property you may have encountered that there are several types of deeds for the transfer of real property. Maybe you’re simply curious to know why more than one kind of deed exists, or maybe you’re on the verge of buying or selling a real property and [Read More…]

The term “trust” may sound vaguely familiar as a kind of estate planning tool, but it can be difficult to understand the different types and the advantages they offer. Keep reading to receive an introduction to the different kinds of trusts recognized by the State of Wisconsin and whether a trust is the right fit [Read More…]

A few weeks ago, we introduced you to the different types of power of attorney (POA) designations. If you missed that primer on POAs, you can click here to catch up. Whether you are a principal considering who to name as your agent, or an agent whose powers have recently gone into effect, you likely [Read More…]

A “Transfer on Death” (TOD) Deed can be a useful tool when creating an estate plan. This particular type of deed can streamline the process of conveying real property incident to your death. A Transfer on Death Deed must be recorded with the Register of Deeds in the county where the real property is located. [Read More…]

The Spring and Summer months usually bring substantial rainfall to Wisconsin. While this rain supports the growth of our home gardens and yards, it can also lead to unforeseen disputes between neighbors. Let’s say your neighbors just landscaped to create a large patio, but in the process they altered the natural slope of the land [Read More…]

For many people the term “power of attorney” (or POA for short) can be confusing because it is often used interchangeably in different contexts. To add to the confusion, powers of attorney can operate in different ways and for different purposes. In this blog post we will provide a general overview of the main kinds [Read More…]

This blog post is the final installment in a two-part series on alternative dispute resolution. If you haven’t read the first part yet, you may follow this link to receive an introduction to the two primary forms of ADR: https://kellybrandlaw.com/blog/detail/id/177/Alternative-Dispute-Resolution-ADR-Part-One . In this blog post, we will answer more questions about alternative dispute resolution. First, [Read More…]

Filing a lawsuit and the ensuing litigation can be financially costly and drain your time and energy. In addition, filing new lawsuits can burden an already slow court system. Alternative dispute resolution provides a set of other options that parties can use to solve their conflicts. There are two main kinds of alternative dispute resolution: [Read More…]

While most cities and neighborhoods are in the process of re-opening after the pandemic, spending the last year without much of our usual entertainment have led many to discover that podcasts are a great way to learn while performing other daily tasks. A legal podcast might seem like something you’d rather sleep through than listen [Read More…]

When people think of buying or leasing a new vehicle, they often fully anticipate the stress of the buying process. After the purchase has been made, however, buyers are often unprepared when their new vehicle doesn’t operate as expected. When this occurs, a new owner must begin the process of attempting to fix the vehicle’s [Read More…]

Kelly & Brand, Attorneys at Law, LLC is pleased to announce that we have recently relocated all office operations to 303 Pearl Avenue, Suite A, Oshkosh, Wisconsin. This move will allow us to better serve you in a more spacious setting. Please feel free to stop in and say hello. Should you have any questions, [Read More…]

The Oshkosh law firm formerly known as John M. Kelly, Attorney at Law, LLC is pleased to announce that Attorney Benjamin D. Brand has been named an equity partner in the firm and will take on a more active role in all operations of the firm.  The two lawyers will now conduct their practice under [Read More…]

The Firm is very pleased to announce that its Legal Assistant, Dusty Gross, recently graduated from Fox Valley Technical College with an Associates of Applied Science Degree in Paralegal Studies. Going forward, Dusty will be pursuing her Bachelor’s Degree at the University of Wisconsin-Oshkosh while continuing her Paralegal duties at the Firm. Please join us [Read More…]

Each and every one of us is likely to leave something behind upon our death. Whether your estate is valued in the tens of millions or the tens of thousands, you should be concerned how your hard-earned assets will be distributed. The simple solution is through the careful drafting of an estate plan which clearly [Read More…]

John M. Kelly, Attorney at Law, LLC is pleased to announce that Dusty Gross has joined the firm as a Legal Assistant. Dusty is a native of Oshkosh, a graduate of Oshkosh North High School, and is pursuing her Paralegal degree from Fox Valley Technical College. Please join us in welcoming Dusty to the firm!

Wisconsin is again in the nation’s legal spotlight in a long-standing property rights dispute, calling into question one of the most heavily-litigated and oft-misunderstood constitutional provisions – the takings clause of the Fifth Amendment. The Fifth Amendment prohibits governmental takings of private property without just compensation. Over the years, the high court has expanded the [Read More…]

If a private property owner negligently maintains their property to such an extent that the safety of others is in jeopardy, they can be held liable for any resulting injuries under the doctrine of comparative negligence. Property owners who install pools, trampolines, and other “attractive nuisances” are often held to a heightened standard of care [Read More…]

UPDATE to our July, 2016 blog post entitled Seventh Circuit Rules on Individual Arbitration Clauses in Employment Contracts: On January 13, 2017 the United States Supreme Court granted certiorari to hear oral argument in Epic Systems Corp. v. Lewis. The case has been consolidated with two other claims related to the same legal issue. Software [Read More…]

John M. Kelly, Attorney at Law, LLC is pleased to welcome Attorney Benjamin D. Brand as a new member to the firm. Attorney Brand was admitted to the State Bar of Wisconsin in January, 2017 upon earning his Juris Doctor from the University of Wisconsin Law School in December. Attorney Brand is a former Summer [Read More…]

The appropriate statute of limitations governing claims of intentional trespass has confounded property owners and their attorneys for decades. Many lawyers believed that the 6-year statute of limitations provided in Wis. Stat. §893.52 for injury to real or personal property controlled claims of intentional trespass. Others argued that these cases were time-barred after the passing [Read More…]

Payable on Death (POD) and Transfer on Death (TOD) beneficiary designations on bank, credit union, brokerage accounts, and real estate can be an effective means of dispensing of personal property outside of the costly and time-consuming probate process. Likewise for life insurance, IRA’s, retirement plans, and annuities which are not probate assets but pass according [Read More…]

Life is predisposed to the unexpected. Illness, injury, job loss, and other personal tragedies can leave even the most financially sound individual suddenly strapped for cash. In these desperate times, it is often tempting to fall victim to the lure of the seemingly countless payday lending outlets that have taken up shop in Wisconsin including [Read More…]

As a homeowner, contractor, subcontractor, or supplier of construction materials, it is important to have a basic understanding of the laws contained in Chapter 779 of the Wisconsin Statutes governing construction liens for building and remodeling projects. Contractors, subcontractors, and materials suppliers who provide labor for the improvement of property but do not receive the [Read More…]

If you are a business owner, your worst nightmare is likely having a trusted employee steal client lists and other valuable company data and use that information for their own self-interested purpose. Unfortunately, this nightmare is a frequent reality for many in the digital age. The Computer Fraud and Abuse Act (CFAA), originally promulgated by [Read More…]

For those who are in the process of forming a new business, or those that are pondering the idea of revising a pre-existing business model, choice of entity is an important administrative decision with real-life consequences. The entity type chosen for your business affects everything from the ownership and control, to the potential for tax [Read More…]

On March 30, 2016, Governor Scott Walker signed the Wisconsin Digital Property Act into law which recognizes the changing concepts of ‘property’ in the digital age. The proliferation of Gmail, Facebook, Twitter, iCloud, PayPal, and other electronic services poses the question of who should or should not be given access to these accounts should the [Read More…]

The revocable living trust is beginning to overtake the last will and testament as the most commonly utilized estate planning instrument for the distribution of assets upon death. Much of this popularity is due to recent updates to the Wisconsin Trust Code which took effect July 1, 2014, making the implementation of trusts substantially more [Read More…]

Malpractice is traditionally thought of in the medical context, using lawsuits to hold hospitals, doctors, surgeons, nurses, and other medical professionals accountable for negligent and reckless conduct resulting in death or serious injury. However, the legal realm of malpractice encompasses a multitude of other occupations and imposes liability upon those who perform negligent or reckless [Read More…]

A recent July 8, 2016 article by The New York Times memorialized an age-old issue that occurs in nearly every residential real estate transaction: the seller leaves behind an unwieldy piece of furniture, an out-of-commission air conditioning unit, or a decades-old chest freezer and leaves the buyer to wonder how they will dispose of this [Read More…]

Non-compete agreements (commonly referred to in Wisconsin as restrictive covenants) have garnered the attention of the national news media in recent years, thanks in part to massive class-action lawsuits waged against sandwich chain Jimmy Johns and other well-known corporations. Jimmy Johns came under fire when it was alleged that their employment contracts contained a highly-restrictive, [Read More…]

The Wisconsin Statutes of Limitations in civil actions impose a time limit upon injured parties to file suit after an injury occurs. Once this time limit expires, claims arising from that injury are generally barred from inclusion in any subsequent civil action. According to Wis. Stat. § 893.04, an applicable statute of limitations begins to [Read More…]

Each spring, summer, and fall, thousands of motorcycle enthusiasts take to the pavement of Wisconsin roadways with friends old and new to enjoy all of the scenic landscapes our state has to offer. However, with this influx of two-wheeled motorists comes the increased risk of accidents. The Wisconsin Department of Motor Vehicles (DMV) reported that [Read More…]

In Walworth State Bank v. Abbey Springs Condominium Association (2016), the Wisconsin Supreme Court ruled 5-2 that condominium associations may not prohibit present and future unit owners from the use and enjoyment of recreational facilities as a penalty for unpaid condominium association assessments. Condominium associations generally impose monthly or yearly “assessments” on individual unit owners [Read More…]

The wrongful death of a loved one due to the intentional, negligent, or reckless conduct of another person is an unfortunate occurrence that takes place all too often in our society. While no amount of money can truly compensate for the loss of human life, there are legal remedies in place that can help to [Read More…]

“Ideas are easy. Implementation is hard.” – Guy Kawasaki, CEO Alltop/Venture Capitalist On paper, the State of Wisconsin is home to a host of innovative entrepreneurs equipped with the skills and ideas necessary to create sustainable startup companies that will play a vital role in the improvement of state and local economies in the years [Read More…]

On October 1, 2006, Wisconsin’s Right to Cure Act came into effect, changing the landscape of the residential construction industry like never before. In the event that a dispute arises between a homeowner and a building contractor over an alleged defect in the construction or renovation of a residential dwelling, the Wisconsin court system is [Read More…]

With its wealth of navigable streams, rivers, ponds, and lakes, Wisconsin is home to some of the best fishing opportunities that the Midwest has to offer. Whether you are wetting a line in search of panfish on the Wolf River, jigging for walleye in the depths of Lake Winnebago, or trolling for salmon off the [Read More…]

“I just don’t have the time.” “I don’t need a will, my family already knows my wishes.” “I don’t like the prospect of planning for my own death.” These are all common excuses proffered by the nearly fifty-percent of Americans who do not have a will. Whether you are single, married, young, old, wealthy, or [Read More…]

In July, 2016, the Wisconsin Supreme Court issued an opinion in Dufour v. Progressive Classic Ins. Co, 2016 WI 59, in which a five justice majority determined that an insurance company rightfully withheld $15,589.00 in damages from its own insured as a result of a subrogation claim. Mr. Dufour sustained personal injuries and property damage [Read More…]

The summer season is upon us, and as a result, many Wisconsin residents take to the state’s numerous lakes and rivers in boats of all sizes with friends and family in tow. For those Wisconsin boaters looking for some relaxation on the water with an alcoholic beverage in hand, it might be beneficial to think [Read More…]

As the Wisconsin weather continues to improve, so too does the local real estate market. Each spring/summer, scores of individuals and families young and old take to the streets in search of their dream home. Whether you are a first time home-buyer or a veteran of the process, there are some important duties on the [Read More…]

The Wisconsin-based software giant Epic Systems was recently involved in a federal lawsuit concerning an email sent to its employees mandating arbitration of all individual wage and hour claims, thereby prohibiting collective suits. The email further indicated that continued employment with Epic Systems constituted knowledge and acceptance of these new contractual terms. In Lewis v. [Read More…]

The Worker’s Compensation Advisory Committee periodically proposes changes to the body of law governing worker’s compensation in Wisconsin. These changes are generally adopted by the legislature without issue and signed into law by the governor. One of these proposals has taken the form of 2015 Wisconsin Act 180 which took effect on March 2, 2016. [Read More…]