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Should We Use a Social Security Number or Employee Identification Number When Creating a Living Trust?

The answer depends exclusively upon how you wish to have your trust identified.

In most instances, you are permitted to obtain a federal tax ID number for your Trust, but said number may not be required, depending on how the trust will be taxed. [ Read More… →]

Tags: Living Trust Questions  ·  January 6th, 2009

Can I Create a “Life Estate” Using a Last Will and Testament?

A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.

Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).

While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions [ Read More… →]

Tags: Quitclaim and Warranty Deed Questions · Last Will and Testament Questions  ·  January 6th, 2009

Can One Family Member Unilaterally Change a Survivorship Deed After It Is Recorded?

Without addressing issues regarding the transfer between family members or what may or may not have been “intended”, once a deed is signed and filed with the appropriate county land office, the property is deemed transferred. [ Read More… →]

Tags: Quitclaim and Warranty Deed Questions  ·  January 6th, 2009

Is a Living Trust the Best Way to Protect Assets and Save on Taxes?

The consideration required in this question simply has too many variables to provide a “stock” answer. [ Read More… →]

Tags: Living Trust Questions  ·  January 6th, 2009

How Much Time Does it Take to Create a Last Will & Testament Document with Standard Legal Software?

If you are making a Last Will and Testament document for yourself or a close family member and know exactly what assets are to be disbursed to whom upon death, then completing the Will form should be a very short process — usually  15-30 minutes. [ Read More… →]

Tags: Last Will and Testament Questions  ·  December 22nd, 2008

Can I Use “Payable On Death” Forms Instead of Creating a Living Trust?

Payable on Death forms are a legitimate way to provide assets to a named beneficiary without going through Probate Court to do so. But there are a number of significant limitations to Payable On Death documents. And while creating a Living Trust is a bit more complicated to create and manage, a Trust offers several advantages when compared to simply listing or transferring assets to “Payable on Death” status. [ Read More… →]

Tags: Living Trust Questions  ·  December 22nd, 2008

Can I Remove the Trustee of a Trust Set Up by my Child’s Grandparents?

Usually the Grantor of the Trust (the grandparents, in this case) names the trustee and alternate trustee. And typically, only the Grantor can make a change to the Trust, at his or her discretion, including who the acting trustee should be. [ Read More… →]

Tags: Living Trust Questions  ·  December 22nd, 2008

Why is a Notice to Quit Not Included Within the Lease Agreement?

A Notice to Quit is only required when a landlord seeks to evict a tenant for the non-payment of rent. Thus, a Notice to Quit is not a part of a lease agreement; rather, it is a document that must be provided to the tenant prior to initiating eviction proceedings, as dictated by statute. [ Read More… →]

Tags: Lease Agreement Questions  ·  December 22nd, 2008

Can I Get Out of a Lease I’ve Signed If I Don’t Like Parts of It?

Unless there are unlawful terms and conditions included in the lease content, you are bound to the terms of the contract you signed. [ Read More… →]

Tags: Lease Agreement Questions  ·  December 22nd, 2008

Can the Grantor of a Quitclaim Deed “Take It Back”?

Once a deed is signed by the Grantor (the seller), provided to the Grantee (the buyer), and then recorded with the appropriate governmental office, the property deed cannot be taken back. [ Read More… →]

Tags: Quitclaim and Warranty Deed Questions  ·  December 22nd, 2008

Can I Use a Promissory Note to Garnish Wages from a Person Who Defaults?

A promissory note is a contract between two people that outlines the terms of repayment on lent money. Such a contract must be enforced as would any typical breach of contract: through court.

Standard Legal is unaware of any situation where a person could simply present a promissory note to a bank or employer to collect on money owed through the garnishment of wages or accounts. [ Read More… →]

Tags: Promissory Note Questions  ·  December 3rd, 2008

Does a Trust’s Pour Over Will Go Through Probate Upon Death?

Any property held in a decedent’s individual name at the time of death will be subject to probate; that process is unavoidable.

Through the probate process, the deceased person’s property ultimately will be transferred to the Trust pursuant to the terms of the pour-over will, so long as the Pour Over Will has been properly executed. [ Read More… →]

Tags: Living Trust Questions  ·  December 3rd, 2008

Is the Employee Manual Content State-Specific?

Standard Legal’s Employee Manual software is state-specific in a few select situations, and only where state law dictates such a requirement.

Remember, an Employee Manual should never re-publish a list or outline the details of a state’s laws, [ Read More… →]

Tags: Employee Manual Questions  ·  December 3rd, 2008

What is the Difference Between a Will and a Living Will?

Generally, a Last Will and Testament outlines the distribution of a person’s assets upon his or her death, while a Living Will defines the type of health care a person wishes to receive if incapacitated and unable to make such decisions directly.

In most instances, the person who is creating either one of these documents should [ Read More… →]

Tags: Living Will Questions · Last Will and Testament Questions  ·  December 3rd, 2008

Does Each State Have Different Deed Forms?

Most states in the USA require the same “legal language” for the different types of Deeds that are most commonly used (be it a Quitclaim Deed, a Warranty Deed, a Survivorship Deed, etc.). But some states have specific language requirements, and that means the use of specialized state forms in those situations. [ Read More… →]

Tags: Quitclaim and Warranty Deed Questions  ·  December 3rd, 2008

How is a Premarital Agreement Made Legally Valid?

Signing a well-written and correctly-completed Premarital Agreement form in front of a Notary would make the prenuptial agreement legally binding and valid in every state. But the “notarized signatures” are just one element to the validity of the document — and not the most important one. [ Read More… →]

Tags: Premarital Agreement Questions  ·  December 3rd, 2008

Can a Premarital Agreement Cover Only One Person?

A Premarital Agreement is a contract between two people who are contemplating marriage in the future. As such, the contract would not be valid if only one person was party to the agreement. [ Read More… →]

Tags: Premarital Agreement Questions  ·  December 3rd, 2008

How Does Standard Legal’s Premarital Agreement Treat Retirement Accounts?

The forms in Standard Legal’s Premarital Agreement software provide that each spouse will treat his or her retirement account(s) as his or her own separate property. [ Read More… →]

Tags: Premarital Agreement Questions  ·  December 3rd, 2008

Can I Sell Standard Legal’s Forms To My Own Customers?

Yes, under specific circumstances. Standard Legal welcomes companies, professionals and entrepreneurs who wish to make money from our legal forms software — but only when it is done through the programs and channels we have developed. [ Read More… →]

Tags: General Questions · Software Questions  ·  December 3rd, 2008

How Difficult is the Bankruptcy Filing Process?

While the process of filing for personal Chapter 7 or Chapter 13 Bankruptcy is by no means “quick and simple”, there is most definitely a clear set of steps that must be followed to make it through the process. [ Read More… →]

Tags: Bankruptcy Questions  ·  December 2nd, 2008