Blind Justice

James H. Krave 888-656-4480

Attorney at Law
Independent & Affordable Representation, Serving Wisconsin and Minnesota. Over 25 Years Experience.

James Krave, Attorney, offers a "Small Town" law practice with personalized service in a welcoming environment. Areas of practice include Wills & Estate Planning, LLC's, Real Estate Law, Family Law, Guardianships/Adoptions, Personal Injury, and Bankruptcy Law (Chapter 7 & 13).

Call for more information or to schedule a consultation. Licensed in both Wisconsin and Minnesota

Frequently Asked Questions

 

How Do I Know If I Should File For Bankruptcy?

Filing for bankruptcy is a very personal, very serious decision. The three primary reasons that cause bankruptcy are divorce, loss of employment and large medical expenses. Most people file when they have made a good-faith effort to repay their debts, but see no other way out. Such people and businesses may declare bankruptcy by filing a petition with the U.S. Bankruptcy Court that asks the court to provide protection and relief under the Bankruptcy Code. In addition to that request, the debtor must provide information about his or her assets, liabilities, income, and expenditures. Complete disclosure, candor, and honesty are required. Often, debtors have a lawyer prepare and file the petition and other information for them, but some debtors represent themselves. After you have filed, under court supervision, either one of two results will follow. Either non-exempt assets will be sold or a three- to five-year repayment plan will be approved by the bankruptcy court. In both cases, the intent is to pay off as much of your debt as possible. Any unpaid debt will be discharged.

Is most of a lawyer's time spent arguing cases in court?

No. A lawyer normally spends more time in an office than in a courtroom. The practice of law most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice, and settling disputes. Laws change constantly: new law is enacted and existing law is amended or repealed. In addition, decisions in court cases regularly alter what the law currently means, as judges interpret and apply the U.S. Constitution, state constitutions, federal or state statutes, and federal, state, and local codes and regulations. For these reasons, a lawyer must devote time to keeping current on the changes in the law, and how those changes affect his or her practice.

If I have a legal problem, may I hire someone other than a lawyer?

In some specialized situations, such as bringing a complaint before a government agency (for example, a dispute over Social Security or Medicare benefits), nonlawyers or paralegals may be qualified to represent you. (Paralegals are nonlawyers who have received training that enables them to assist lawyers in a number of tasks; they typically cannot represent clients in court, but they can sometimes represent clients in proceedings at a government agency.) If you are in this situation, ask the government agency involved to let you know what types of legal representatives are acceptable.

What billing method do most lawyers use?

The most common billing method is to charge a set amount for each hour or fraction of an hour the lawyer works on your case. The method for determining what is a "reasonable" hourly fee depends on several things. More experienced lawyers tend to charge more per hour than those with less experience--but they also may take less time to do the same legal work. In addition, the same lawyer will usually charge more for time spent in the courtroom than for hours spent in the office or library.

How does one adopt a child?

Adoption laws vary from state to state. For a minor child who is not related to the adoptive parent or parents, there are generally two types of adoptions: agency adoptions and private or independent adoptions.

What is a "living trust"?

A living trust (also called an inter vivos trust) is an arrangement under which you transfer ownership of all or part of your property to the trust during your lifetime. As the person establishing the trust, you are called the grantor or settlor. You name a trustee, who manages the property according to the terms of your written trust document. The trustee may be an individual or an institution or yourself. The trust is for the benefit of one or more persons, including you, called the beneficiaries.

Frequently, a will is used to set up a trust (called a testamentary trust) that becomes effective after the death of the person establishing the trust. A living trust, however, is effective during the lifetime of the settlor, although it may be written to continue beyond the lifetime of the settlor. In a living trust, the settlor and/or members of his or her family are usually the beneficiaries of the trust. A living trust may be revocable or irrevocable.

Source: ABA Family Legal Guide

 

©2011 James H. Krave, Attorney

103 E Oak St,
P.O. Box 304

Glenwood City, WI 54013