Vol.
70, No. 4, April 1997
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
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