City Code Compliance for Mosquito Season

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!

Sec. 104-284. Insect screens.

Every door, window and other outside opening required for ventilation of habitable rooms or food preparation areas shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen/storm door shall have a self-closing device in good working condition.

During that portion of each year when the chief building inspector or designee deems it necessary for protection against mosquitoes, flies and other insects, every door, required for ventilation, opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens. However, screens shall not be required during such period in rooms deemed by the chief building inspector or designee to be located high enough in the upper stories of buildings as to be free from such insects, and in rooms located in areas of the city which are deemed by the building inspector to have so few such insects as to render screens unnecessary.

Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

(Ord. No. O13-3828, § 1, 4-3-2013)

 

Attorney Johanna R Kirk

Kirk Law Office, Superior WI

 

How To Wednesday. What to do when someone dies. Probate.

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

 

WI Supreme Court Takes On Two Shitty Cases.

 

manurespreader_newholland_example

It’s a crass headline, but it isn’t every day that I can use one like it!  The Wisconsin Supreme Court screens which cases it will review each year. Two cases involving manure and waste products will be coming before the Court for review.

You may remember a past posting of mine about the difference between bat guano and cow manure.  In Wilson Mutual Ins. Co. v. Falk, a court of appeals ruled that a farmer who spread cow manure on field and polluted local water supplies was entitled to insurance coverage because the manure was not a “pollutant” which would have prevented coverage.  Yes, the cow manure case is up for review by the Supreme Court.

The second case, Priesler v. Kuettel’s Septic Service, L.L.C. involves a farm family that also operated a septic business.  The septic business, at the request of the Priesler family, applied human septage (waste) to the Priesler’s farm property.  As in the other case, the water supply was contaminated and an unknown number of the Prisler’s cows got sick or died.  Preislers sued Kuettels and the Kuettels turned to their insurance company to handle the suit.  The insurance company, relying on the ever-growing area of court opinions about shit, argued they had no obligation to cover the damages or defend the Kuettels because septage is a “pollutant” under their policy.  The local trial court agreed with the insurance company and ruled that septage is a “pollutant.”  The Court of Appeals agreed finding that septage is clearly a “pollutant.”

In light of the conflicting opinion in the cow manure case, the Supreme Court has decided to take on both cases to hopefully bring some resolution to this issue. Each case is in the briefing stage right now, which means the parties get a chance to put their arguments on paper for the Court Justices to review. Hearings have not been scheduled. I will keep you posted. In the meantime, if you’d like to follow the cases, a link to the Wisconsin Court System records are above.  From those links you can learn about the parties, upcoming deadlines, and if you click on the “Case History” button on the right-hand side, you can even read the submitted briefs.

Enjoy!

Johanna R Kirk; Kirk Law Office, LLC

Speaking To Paraprofessionals At CESA 12

On Friday May 16, 2014 I presented at the CESA 12 9th Annual Paraprofessional Conference.  I had the distinguished honor to be the keynote speaker on Friday night, kicking off the conference.  For those of you who don’t know, CESA 12 is nonprofit governmental agency that assists school districts in meeting the needs of their communities.  There CESA system operates statewide and partners with school districts to offer training, resources, and guidance on many topics facing school districts.

And for further clarification, “paraprofessionals” are individuals who work within the special education system providing services and supports to special education students. They are sometimes called aides, assistants, para’s, and they are the workhorses of special ed.  Physical therapists, occupational therapists, speech therapists, classroom assistants, one-to-one aides are just a few examples of the jobs para’s serve.

My session last Friday was an interactive and fun presentation that taught para’s about the legal aspects of what they do.  The special education system is highly regulated and requires the use of timelines, procedures, and documentation.  I discussed the various roles para’s may serve in evaluation, planning and implementation of special education plans. I also shared information about the use of seclusion and restraint, confidentiality of student information, implications of harassment and bullying.

It was a very fun evening for me with a group of enthusiastic learners. They had great questions and we had wonderful conversations about many topics and issues.  Thank you, CESA 12 for the opportunity to present!

 

Johanna R. Kirk;  Kirk Law Office, L.L.C.

Coming to the Veterans’ Expo on May 13, 2014

On May 13, 2014  I will be attending the UW-Superior Veterans Expo.  For a few years now, I have been accredited with the Department of Veteran Affairs to represent vets through the disability and other benefit application and review process.  Accreditation required training specific to the Veterans Benefit system and in order to maintain my status, I am required to continue training every three years on veterans systems.  I became involved through an effort from the American Bar Association’s Young Lawyers Division – Project Salute.  The initiative sought to enlist attorneys to volunteer their time helping veterans gain benefits they deserve.

At the Veterans Expo I will be sharing information about Project Salute, the process for obtaining veterans benefits, and other programs offered by the Department of Veteran Affairs and American Bar Association to help vets get cheap (or free) legal advice on many areas of law.  There are countless non-profit organizations working together to help veterans with legal issues such as benefits, foreclosures, employment issues, divorces and so much more.

Hope to see you at the Expo!

Johanna R Kirk

How To Wednesdays…NonCompete Agreements With Employees

HowTo WednesdayI’ve helped a lot of employers draft and implement non-compete agreements with their employees. Wisconsin has strict requirements about how you can restrict an employee both during and after employment. The goal of a non-compete is to protect your business’ secrets, customers, and geographic area of sales.  Non-competes, like any contract must be supported by “consideration.”  The employer must give something to the employee in exchange for the employee promising not to divulge secrets or compete against the business during or after employment. Historically, employment or continued employment could be the consideration from the employer.  “If you want to keep working here, you will need to sign a non-compete.”  This rule is going to be reviewed by the Wisconsin Supreme Court.

In Runzheimer International Ltd. v. Friedlen, 2013AP1392 (April 15, 2014), the Wisconsin Supreme Court will decide whether an existing, at-will, employee can be required to sign a non-compete as a condition for keeping their job.  I’ll keep you informed as the case moves ahead.

In the meantime, if you have considered non-compete and confidentiality agreements with your employees, call me to learn about the requirements and enforceability of the documents.  I can help navigate you through the different areas that may need protection (information, processes, sales, customer lists, etc.) and assist with drafting documents which will be enforceable if an employee leaves you and tries to break the agreement.  If you have confidentiality or non-compete agreements in place, when were they last reviewed by an attorney?

Johanna R Kirk

How To Wednesday… Learn More About Superior Events

 

 

HowTo Wednesday

At the Superior Sunrise Centennial Rotary Club’s meeting yesterday, I learned about a new opportunity to discover and promote Superior, Wisconsin events and activities.  Explore Superior  is a new offering thanks to a forward-thinking group from the Superior Leadership program.  The page allows you to register and post your Superior events, photos, and thoughts as well as search for others.

The site has a “blog” format, but don’t let that intimidate you. There are helpful directions on the page that can be printed off, taking you through every step from registration to posting and categorizing your posts. The goal of the site is to be a gathering place for information from all Superior businesses, non-profits, educational institutions, and people. It has a great interactive format so you can find things to do today, or next month!

Thank you to the group who brainstormed this idea and has seen it through development and launching. I look forward to using the site often!

Johanna R Kirk

Office Closed on 4/10 and 4/11, 2014.

On April 11, 2014 I will be presenting at the 2014 Wisconsin Bar Leaders Conference in Madison Wisconsin. I am also chair of the event which is sponsored by the Wisconsin Bar Association. This means Kirk Law Office will be closing at noon on 4/10/14 and will be closed all day on 4/11/14.  Sorry for any inconvenience this may cause and thank you for your understanding.

Johanna R Kirk

 

How To Wednesday…Begin To Plan For Your End.

My husband just celebrated a birthday this week. We are still young people, with children, a home, cars, life insurance policies, modest investments and debt.  Personal disclosure coming – we do not have an estate plan.  It’s just something we keep saying we need to do, but never actually get around to.

Most of my estate planning clients fit into a fairly predictable stereotype.  They are not thirty-something couples with minor children.  I am not surprised by this. Many people in our age bracket are simply too busy living to worry about or plan for dying. Many don’t know where to even start with the planning process. Many think it will cost too much money to get their things in order. My “How To” for this week is going to be the first steps you need to take to make an estate plan.

Step One:  Take inventory.  Of everything. Bank account and loan balances, values of real estate and vehicles.  Don’t forget the “toys” a/k/a snowmobiles, atv’s, motorcycles, and your beloved puck collection that you started at age four. As for the household goods (dishes, furniture, clothing, kids’ toys) what would it be worth if you sold it all in a garage sale? Create your very own net-worth statement that includes account numbers and names of the banks or investment companies you have assets or debts with.

Step Two: Think, very seriously, about what you would want to happen with all that stuff if you died.  Are there particular family heirlooms that you want to pass on to children, nieces or nephews?  Would you like money from your life insurance policy paid to a designated charity or to your kids’ college funds?  Speaking of kids, if they should need a guardian appointed by a court, who do you want that to be? How about an alternate?  If you are married, this should be a conversation.  Keep in mind that you and your spouse do not need to agree about everything.  Your plan can be different from your spouse’s plan.

Step Three:  Do some of the work yourself.  Many of your assets, such as bank accounts, life insurance policies, car titles, can be shared or designated to a specific beneficiary.  This is what a joint checking account does.  It creates two owners and when one dies, everything goes to the survivor.  If you are reluctant to share assets now, most financial institutions offer pay on death (POD) beneficiary designations.  You can name who gets your account when you die.

Step Four:  Talk to a lawyer.  Now that you have a comprehensive plan in mind, it is worth the time to talk to someone who might be able to explain what Wills, Trusts, Powers of Attorney, and Health Care Powers of Attorney are, what they do, and how they affect or assist the other planning you’ve already taken care of. There are concepts you need to understand, such as what property is part of your “taxable estate” versus your “probated estate”.   You need to understand the implications of dying with a will versus without one. You deserve to understand the power that you might be signing over with a Power of Attorney. You should have a grasp on any tax implications that may come from your death. The lawyer is going to suggest various documents and options to you.  If you don’t understand completely what the lawyer is suggesting, ask questions until you do understand.  After all, this is your plan, not your lawyer’s.  If you are worried about the cost of talking to a lawyer, call me.  I do not charge for initial consultations.

Johanna R Kirk

Kirk Law Office, L.L.C.   1418 Tower Ave. Suite #6; Superior, WI 54880  (715)-718-2424