Ask Standard Legal: Law Questions & Answers for FREE

Under most state’s laws, a party is permitted to “disclaim” any interest or assets that are attempted to be passed through a Last Will & Testament. When one disclaims property that is being passed through a Will, he or she is renouncing his or her interest in that property in total. [ Read More… →]

For the most part, a Last Will & Testament would not necessarily be rendered invalid if there was no date on the document. [ Read More… →]

If the heirs of a Trust believe that the Trustee is not fulfilling his or her duty as trustee, they can initiate a lawsuit in the appropriate court to compel or require that the trustee fulfill that fiduciary duty. [ Read More… →]

Within Form B8 of the Bankruptcy filing, in the ‘describe property securing debt’ field, list one creditor under property #1 and the second creditor under property #2. [ Read More… →]

If you wish to create one large lot by combining a number of adjacent lots owned, you must have the areas re-platted by a surveyor and then approved by the municipality in which the property is located. [ Read More… →]

Like any other contract, the parties in a Premarital Agreement can mutually agree to terminate the agreement. But the terms cannot be nullified by just one of the parties to the contract without valid legal grounds. [ Read More… →]

The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject. [ Read More… →]

Any real property owned by a debtor is subject to liquidation by the Trustee in a Chapter 7 Bankruptcy case. But the Trustee will liquidate the property (i.e. sell it and use the proceeds to pay creditors) only if there is equity in the property that can be turned to cash for the creditors. [ Read More… →]

The BBB requires businesses to pay them a significant fee to be “rated” in their directory and to use their logo on a company website.

We won’t purchase that type of “credibility” from anyone.  [ Read More… →]

Standard Legal’s Living Trust legal forms software allows the donor to name the Trust whatever he or she cares to name it. (In the vast majority of cases, the name of the donor is the name of the trust, but there is no requirement that the donor’s name be used.)

Get complete details on Standard Legal’s Living Trust legal forms software here.

Standard Legal does not require that any asset be listed directly within the Trust documents in its legal forms software package. [ Read More… →]

You can “help” your parents with a pro se filing — but you cannot “do it for them”. Only individuals who are licensed attorneys are permitted to prepare and file pleadings and other documents with a court on behalf of others. [ Read More… →]

Generally, there is no taxable event when property is transferred to a self-funded (revocable) Living Trust.

But a person creating a Trust should not take this response to mean that a specific situation is not the exception to this rule — especially if some “creative funding” is implemented. [ Read More… →]

Assuming that the Bankruptcy case has not yet been completed and discharged, a person may file a “motion to dismiss.”

There is no official form for this motion; rather, simply submit a statement to the District Bankruptcy Court indicating that you wish to dismiss your case, along with a brief statement as to the reasons behind the decision.

The judge must rule on the request, so filing the motion in no way “cancels” the bankruptcy case.

You can make such a request of the Bankruptcy Court. On the Statement of Intention, you can mark the “Other” box regarding the treatment of your home. Then indicate on the accompanying line that you plan to “retain the property and continue to make payments” or words to that effect.

A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed.

You and your brothers and sisters most likely need to open a probate estate with the county court where the home is located, so that the appropriate probate court can authorize the transfer of the property as you desire.

This situation is a perfect illustration for the benefits of creating a Last Will and Testament, as the process to transfer the property to one sibling would typically be far quicker and easier if a Will were in place in advance…

Some probate courts require an Executor to post a bond to ensure that the Last Will & Testament is properly administered (i.e. the property detailed in the document is disposed of per the terms of the Will).

The language you cite eliminates that bond requirement, so that the person you appoint as Executor does not have to post any type of bond or financial instrument with the probate court.

Details on Standard Legal’s Last Will and Testament legal forms software here.

The State of New York is the only state in the Union that has not adopted strict “no-fault” divorce law.

In New York, there are six reasons or “grounds” for filing a divorce. But only one of these reasons allows the spouses to voluntarily agree to proceed with a no-fault divorce.

The six “grounds” for divorce in New York state are:    [ Read More… →]

“Ordering the book for subscriptions of stocks” deals with opening and closing the corporate books on the sale of shares to shareholders, typically at the time of incorporation.

This statement is a corporate formality so that ownership can be established. [ Read More… →]

No, you cannot restore the legal use of your maiden name through a Separation Agreement, which is merely a contract between two persons.

To change your name in a legal sense, you must petition the court. [ Read More… →]