Services

ablan-kioskTAX CONTROVERSIES

Although you may believe, as many people do, that the Internal Revenue Service is an agency out of control, the IRS and the state taxing authorities are in fact well structured and well defined organizations. Because of this, an experienced tax attorney, such as attorney Michael Ablan, is able to utilize the system to the advantage of his client. In other words, in order to be effective, knowledge of how the system works is critical, as is knowing the requirements. A tax practitioner should never provide the taxing authority with more information than is required by law. This will minimize any civil or criminal exposure. Furthermore, an improper response may not be reversible. When our clients turn their case over to our legal team at the Michael Ablan Law Firm in La Crosse, Wisconsin, Hayward, Wisconsin or La Crescent, Minnesota, you no longer feel intimidated or anxious. We take charge of the audit, the negotiations with the IRS to compromise or set up an installment agreement or collateral agreement, request penalty abatement, prosecute an appeal, request a collection due process hearing, or provide full representation in a civil litigation or criminal defense matter.
Click here for more on Taxation

PERSONAL INJURY

A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. The most common type of personal injury claims are road traffic accidents, injuries sustained by animals, accidents at work, tripping accidents, assault claims, accidents in the home and defective product accidents. Since 1974 the Michael Ablan Law Firm has been successfully representing injured people.

Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. Although nothing can replace the harm that has been caused the justice system attempts to replace the harm with what is known as “substitutional damages” or what we call a monetary “award”. In the United States, each party must pay their own attorney under what is known as the “American Rule”. Attorneys often represent clients on a “contingency basis,” in which the attorney only charges a percentage against actual proceeds received. If no proceeds are received the attorney does not charge for his or her time.

Click here for more on Personal Injury

EMINENT DOMAIN

Government expansion in reaction to public demand has caused an increase in the need for government to acquire real estate for housing and other areas of public concern. Unfortunately, in order to accomplish these ends the government acquires real estate owned by individuals or businesses. It does so by exercising its right under what is called the power of eminent domain. The government has to first establish that there is a public necessity for use of such land and then it has to compensate the individual for the “taking”. Most of these litigation centers on the compensation issue but on occasion the judiciary branch of government, ever cognizant of the shrinking size of privately owned land, have seen fit to accept challenges to the public necessity issue.

The government’s power to take private property originated in the Wisconsin Constitution, Art. IX, sec. 3. The Legislature has delegated this power by statute to numerous authorities and has specified the purposes for which such power can be used. Generally, departments, municipalities, boards, commissions, public officers, and various public and quasi-public corporations are delegated this power. Some of the purposes for which the Legislature has specified that condemnation can be used are highway construction or improvement, reservoirs, dams, public utility sites, waste treatment facilities, city redevelopment, and energy lines.

Click here for more on Eminent Domain

GENERAL BUSINESS

Businesses operate through their agents, their boards of directors (Corp.), their employees, their members (LLC), their partners, and their officers. The business is responsible in almost every instance for the conduct of these human beings. Business litigation can involve injuries to customers, including products liability, intentional misrepresentation (fraud) or negligent misrepresentation, false advertising, breach of fiduciary duty, invasion of privacy, and, more generally, negligence to its customers. Similarly, injuries to competitors such as product disparagement and defamation, interference with contract or prospective business advantage, and unfair competition can often be the basis of business litigation. On the other hand, litigation that involves promises that have been breached such as in a contract, warranty, delivery, performance or as may be specified under the Uniform Commercial Code is a different form of business litigation. Your lawyer will be able to help you determine what type of case you have and this will determine the extent of your potential recovery or how to defend such actions.

Click here for more on General Business

REAL ESTATE

The attorney’s tasks in a real estate transaction depend heavily on whether it is a commercial transaction or a residential transaction. Furthermore, the clients understanding of real estate law and procedure will play an important role in deciding how much time the attorney will dedicate to the project. Whether it is in a commercial setting or a residential setting, tax-free exchanges may be of significant advantage to one or more of the parties. This is especially true because of the significant level of untaxed appreciation in real estate since the 1980′s. An attorney must be well-equipped to deal with these issues whether on the buyer side or the seller side. Also, the real estate broker may have special expertise, or may not depending on the broker’s experience. This will then affect the attorney’s level of involvement.

Click here for more on Real Estate

TRUST AND ESTATE PLANNING

The law of trusts and estates is the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person’s incapacity or death. An experienced attorney such as the Michael Ablan Law Firm has many tools at its disposal in order to protect your wishes. These tools include wills, durable powers of attorney, health-care powers of attorney, revocable and irrevocable trusts, living trusts, living wills, life insurance trusts, elder law trusts for home care, long-term care insurance, social security or disability benefits and Medicaid, gifting, charitable contributions, and charitable trusts. Proper estate planning can:

  • save significant sums of money from being taxed
  • it can provide for property management if you cannot manage your own affairs
  • it can provide financial management of your property, it can avoid probate
  • it can shorten or eliminate the delay in distributing your property when you die and
  • it can avoid publicizing your financial affairs

Click here for more on Trust and Estate Planning