Ask Standard Legal: Law Questions & Answers for FREE

Standard Legal’s Bankruptcy forms software requires the filer to make decisions regarding the inputs on any form. The legal forms software doesn’t “adjust” any decision-making required; a filing with the Court requires the user to decide who is filing and create inputs accordingly.

However, complete instructions and overviews on these types of requirements and decisions are included in the package.  [ Read More… →]

The taxing authority for the Limited Liability Company (LLC) has the ability to determine who is responsible for making the tax payments or authorizing tax payments for the LLC – these individuals are referred to as the “responsible persons”.

The “responsible persons” indeed may be personally obligated to pay the LLC’s tax obligations. But not always.  [ Read More… →]

Standard Legal Network is unaware of any restriction on ownership of shares of a Class C Corporation.

In fact, it is fairly common for an L.L.C. to be the owner of stock in a corporation.

Be aware, however, that under the IRS rules, a Limited Liability Company cannot be an owner of stock of a corporation that elects S tax treatment.

Get complete details here on Standard Legal’s Incorporation and LLC legal forms software here.

People change their names for personal reasons, for a return to a maiden name after a divorce, or at the time of a new marriage. Many times, a deed for real estate may show a prior name for a person who holds a stake in a particular property.

When transferring property using a Quitclaim Deed in a situation where a person’s name has changed, for clarity sake use the name as it appears on the currently filed instrument, but add the designation of “now known as”.

For example, the quitclaim deed could read “William Smith and Mary Smith (now known as Mary Jones).”

Get complete details here on Standard Legal’s Quitclaim Deeds legal forms software.

A “will contest” is the process by which someone, usually a family member of the person who died or a beneficiary listed in a Will, challenges the validity of a Will.

Generally, the legal grounds for such a “will contest” include claims that the Will document was improperly signed, the testator (the person making the Will) was incompetent or lacked the proper testamentary capacity (e.g., he or she did not understand what he or she was doing), that the Will document contains a serious mistake, or that the signing of the Will document was the result of fraud, undue influence, or duress.

There is a time limit for filing a “will contest,” and that the time frames vary from state to state.  [ Read More… →]

Standard Legal’s Last Will and Testament legal forms software provides for a suggestion of guardianship for children.

While Probate or Family Courts make the final decisions regarding guardianship of minor children when the death of a parent occurs, wishes expressed in a Last Will & Testament carry great weight with these courts and are usually granted (except in unusual circumstances).

There is no simple form a person can file to obtain a judgment against a promissory note in which a party has defaulted. Obtaining a judgment is not “automatic”; a judgment is a court proceeding that allows the defaulting party to reply and to defend himself. [ Read More… →]

Standard Legal recommends that any Power of Attorney be notarized and witnessed.

Many states require notarization of this document, and doing so (even in those states that may not require a notary signature) makes the document “self proving” - meaning that the witnesses would not be required to provide testimony in court to authentic the document.

Get complete details on Standard Legal’s Power of Attorney legal forms software here.

Certainly! So long as the Will is created to follow the laws of a particular state, and so long as the Will will be probated in that state, the current residency of the makers of the Will is not relevant.

See complete details on Standard Legal’s Last Will and Testament legal forms software here.

Yes. Standard Legal’s Quitclaim Deed is a deed that permits a party to transfer real property. It is a “real estate transfer deed” in which no warranties are made as to the condition of the property.

Get complete details on Standard Legal’s Quitclaim Deed legal forms software here.

A premarital agreement (often called a prenuptial agreement) must be created and signed prior to marriage to be effective.

Depending upon the state in which you live, property may become marital property automatically upon marriage if no pre-nuptial agreement is signed prior to the marriage. Creating a premarital agreement after the fact does not void these laws.

Get complete details on Standard Legal’s Premarital Agreement legal forms software here.

Divorce has no bearing on the validity of a lawfully signed promissory note.

If a person’s signature appears on a promissory note, that person is responsible for adhering to the terms outlined within the note.

Get complete details on Standard Legal’s Promissory Note legal forms software here.

Upon the death of a person who has made a Will, the probate process must be initiated.

Most commonly, a person who has made a Will has chosen a close family member to act as Executor or Executrix –- this is the person that assists and oversees the administration of the deceased person’s probate estate.

The Executor is usually empowered to submit the Will to the probate court or hire an attorney to oversee the probate process. [ Read More… →]

A Living Trust avoids probate because the property is owned by the Trust and not by the individual. So Trust property is not a part of any person’s estate when that person dies.

But to avoid probate, the property must be placed into the Trust BEFORE the original property owner dies.  [ Read More… →]

Yes, a Living Trust document can certainly contain both revocable and irrevocable components within it.

But care in drafting this type of Trust must be used to ensure that the trust is properly funded, and that assets become held by the “irrevocable portion” of the trust only at the intended time.

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

We assume this request is an effort to get the losing plaintiff in a civil case to pay a pro se defendant for the time it takes to defend himself. (Obviously, the Court will not reimburse a pro se defendant in a criminal case.)

Standard Legal is unaware of any situation in which a person representing himself pro se is entitled to any reimbursement for his time under the guise of “attorney fees”.

This is not to say that other remedies are not available to a pro se defendant in a civil case in which he feels he has been wrongly accused, but the request for “attorney fees” is not a suitable legal strategy for the situation.

Some people wish for their business to have the protections offered by LLC status in Nevada, but then wish to do business in — and even have offices in — another state.

To accomplish this structure, first the person should form the Nevada LLC utilizing either Standard Legal’s LLC legal forms software or Standard Legal’s document preparation service.

Once the Nevada LLC is formed, the company should be registered as a foreign LLC within the state in which the LLC will conduct business — whatever that state may be.

Thus, the business will be a Nevada LLC operating under the laws of the State in which it is doing business.

If you have already filed your case, removing counsel should be as simple as contacting the Clerk of Court in writing and informing the Court that you no longer care to utilize the services of your attorney. (You can state the reasons for removal or not, as you wish.)

You should also state in the letter that you will proceed with your bankruptcy case pro se and will represent yourself going forward. [ Read More… →]

A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.

However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today.  [ Read More… →]

Generally, a pre-nuptial agreement will not “protect” a future spouse from bad debts, as the premise is not correct.

Debt incurred in one person’s name is that person’s debt alone. So regardless of the terms contained in a premarital agreement, the debts of one spouse do not become the debts of the married couple — those debts stay as the responsibility of only the person who incurred them.

Further, distinct and separate credit events will not affect a spouse or future spouse; debts that are held singly (instead of jointly) affect only the person incurring such debt.

Debt incurred by BOTH the husband and wife AFTER marriage affects both spouses, however.