F.Y.I.
New Public Interest Law Committee Defines
Purpose
The State Bar's newly formed Public Interest Law Committee hopes
to attract lawyers from nonprofit, public-interest law firms, legal
services and advocacy organizations involved in delivering legal
services and advocacy on behalf of unrepresented and under-represented
groups and issues. The new committee:
- provides a forum for public interest lawyers to discuss and promote
public interest issues and concerns;
- encourages and strengthens the interest and participation of State
Bar members in providing public interest services ; and
- advances the visibility and viability of public interest law.
For more information, contact Jennifer Kersten at the State
Bar.
Streamlined HT-110 Form Brings Changes
A recent ruling by the corporation counsels of Kenosha, Brown and
Dane counties limits the use of the Termination of Decedent's Interest
form, also known as HT-110, in joint tenancy cases.
Local registers of deeds allowed the form to be used for both joint
tenancy relationships and survivorship marital property until a recent
challenge by a group of attorneys led to the corporation counsels,
rulings. They ruled that state law is very specific, pointing out that
the provision for this form's use is found only in Wisconsin Statute
section 867.046 and not 867.045, which covers joint tenancy.
An interested party, such as an attorney or estate administrator, may
sign on behalf of a deceased person only when the relationship is
survivorship marital property, according to the ruling. The interested
party must wait at least 90 days after a person's death before recording
the HT-110 form. If the real estate is held in joint tenancy and the
second spouse died before signing the form, the remaining person must
seek assistance from probate court.
This rare situation only occurs when both a husband and wife die
together or when a surviving spouse dies before filing the HT-110 form,
according to Jane Licht, Dane County Register of Deeds and president of
the Wisconsin Register of Deeds Association.
The streamlined revision of HT-110 eliminates much of the written
explanation from the front of the document, including references to
marital property agreements, since copies are not required by law.
Most of the form's written instructions are now printed on the back.
Because of that change and a lengthening of the form from 11 inches to
14, Licht advises attorneys to copy both sides of the document for their
clients and to mail rather than fax copies. The enlarged form offers
more space for listing multiple parcels of real estate and
addresses.
The Register of Deeds Association could make additional minor changes
in the form as early as this spring. Registers of deeds are using up
their stocks of the old forms but can provide the new form upon request.
More information about the ruling and change in forms is available from
Licht at (608) 266-4141.
- Downloadable HT-110 Form with Instructions*
* Requires Acrobat Reader. Go to the WisBar
Toolbox and download it NOW!
Appeal Requires Notifying the State
The Wisconsin Department of Workforce Development reminds attorneys
that Wisconsin Statute section 767.15(2) requires anyone initiating an
appeal of any action affecting a family in which support or maintenance
is an issue to notify the department, formerly known as the Department
of Industry Labor and Job Development.
The Child Support Program, formerly located in the Department of
Health and Social Service, has moved to the newly named Department of
Workforce Development. More information is available from attorney
Connie Chesnik at (608) 267-7295.
Send Copies of Motions to Special Procedures
Unit
Bankruptcy practitioners must serve copies of motions for authority
to use cash collateral in bankruptcy proceedings, as well as other
bankruptcy notices, on the Wisconsin Department of Revenue, Special
Procedures Unit, P.O. Box 8902, Madison, WI 53707
Wisconsin Lawyer
