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Does a Limit Exist on the Number of Creditors Entered in Standard Legal’s Bankruptcy Software?

With Standard Legal’s Bankruptcy product, multiple (and unlimited) pages of unsecured creditors can be prepared. [ Read More... →]

Bankruptcy Questions  ·  September 15th, 2014

If an Executor Does Not Follow a Will, What Can a Beneficiary Do and for How Long?

Beneficiaries who are named in a Last Will and Testament may bring an action against the Executor of the Will if the Executor engaged in conduct contrary to the provisions of the Will.

How long the Beneficiary has to bring such an action depends upon the laws of the state where the Will is being executed. [ Read More... →]

Last Will and Testament Questions  ·  August 29th, 2014

Can Mineral Rights Be Transferred by Quitclaim Deed?

Yes, either a Quitclaim Deed or a Warranty Deed can be used to transfer the mineral rights held for a piece of property. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  August 25th, 2014

If I Made Mortgage Payments on My Parents’ House, Does a Will Still Divide Ownership Equally Among All Siblings?

Providing mortgage payments on a property is not the same as revising the Deed for a property, and it is a Deed that designates ownership. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  July 31st, 2014

If a Tenant Has Been Evicted, Can the Lease Demand a Person Not Enter the Property Again?

If a tenant has been evicted legally and has removed (or been given access to remove) all personal property, there is no reason for the tenant to re-enter the property again; to do so is trespassing by the evicted tenant. [ Read More... →]

Lease Agreement Questions  ·  July 19th, 2014

How is a Survivorship Deed Changed to the Name of the Survivor After Death of the Owner?

In most states, evidence of the death of a joint owner on a Survivorship Deed (i.e. a certified copy of a death certificate) must be filed with the county records office, along with an affidavit or other sworn statement indicating that the surviving joint owner is the sole survivor and now sole owner of the property. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  July 18th, 2014

Can the Executor of a Will with Power of Attorney Distribute Assets Before the Death of the Maker?

A Last Will and Testament does not transfer property or assets until after the death of the maker of that Will.

But a person who is named Attorney-in-Fact by a Power of Attorney document can manage the assets of a Principal, so long as ‘best interest’ is applied. [ Read More... →]

Last Will and Testament Questions  ·  July 16th, 2014

If I am Divorcing My Spouse, Can I Create a New Will To Exclude That Spouse?

Many states have laws that prevent one spouse from disinheriting another spouse within a Last Will and Testament. As such, it may be wise to wait until the Divorce proceedings are finalized to create a new Last Will and Testament. [ Read More... →]

Divorce Questions · Last Will and Testament Questions  ·  July 15th, 2014

Can Business Expenses Paid with Personal Credit Cards Be Discharged in Personal Bankruptcy?

Personal credit card debt incurred to pay business obligations can be discharged as part of a personal Chapter 7 bankruptcy. But the Bankruptcy Trustee would have the right to review the business records of the LLC to determine whether the debtor’s ownership interest in the LLC has value that can be used to pay the debtor’s personal creditors through the bankruptcy case. [ Read More... →]

Bankruptcy Questions  ·  July 14th, 2014

What is Required to File an Emergency Bankruptcy Petition?

In most cases, an “emergency” petition can be filed with the clerk of the bankruptcy court (commonly referred to as a “skeleton petition” or “skeleton case”) using a portion of the forms required for the complete filing. [ Read More... →]

Bankruptcy Questions  ·  July 7th, 2014