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Technically, reaffirmation agreements are available only in Chapter 7 Bankruptcy cases.

However, in a Chapter 13 case, if a debtor wishes to retain property that is secured by a loan that is current, the Chapter 13 plan can provide that the loan will be paid through (or outside of) the plan. [ Read More… →]

The procedures to replace an Executor in a Last Will and Testament are dependent on state and local rules, and on the procedures that govern the particular probate court in your area. [ Read More… →]

In general, the full payment of the Chapter 13 Bankruptcy Plan should signal a final resolution of the case — unless the debtor’s income has increased significantly. [ Read More… →]

It is indeed possible that an ex spouse could be eligible to receive some portion of pension benefits earned during the time of a marriage, if the ex-spouse so petitions the court.

But it is not a good idea to respond to such a petition from the court on the matter unless you are fully versed in the law regarding the topic. [ Read More… →]

In most states, the general rule is that any agreement regarding or pertaining to an interest in real property must be in writing and signed by the parties.

However, courts will often look to the conduct of the parties to see if there is a definitive agreement reached, even if the document in question has not been signed. [ Read More… →]

There are some very important differences between the two types of Power of Attorney documents. [ Read More… →]

People often discuss the transfer of a home to the beneficiaries within a Last Will and Testament, but when a mortgage is still owed on that property the transfer of ownership must still address the amount owed. [ Read More… →]

The owners of the Units of the member-managed Limited Liability Company can assign and transfer their Units of ownership to a Living Trust, so long as no agreement (or the operating agreement of the LLC) restricts such transfer.

If such a restriction exists, consent of all of the owners of the LLC would be required prior to the transfer into the Trust.

Depending upon the jurisdiction in which a person lives, a Divorce or Dissolution done through a court could revoke the  Last Will & Testament document that existed during the marriage. [ Read More… →]

In most cases, a valid and signed Quitclaim Deed transferring property to a person other than the decedent “trumps” or supersedes the provisions of the decedent’s Last Will and Testament. [ Read More… →]

Most “general” Power of Attorney documents have a specific provision about transferring property contained within them, granting the attorney-in-fact the ability to undertake such a property transfer process.

But if the language about being able to transfer property is not stated specifically in the document (and different POAs are drafted differently), then the attorney-in-fact most likely lacks the authority to transfer property. [ Read More… →]

If a Chapter 13 Bankruptcy has been filed and the Chapter 13 Plan that is submitted to the Bankruptcy Trustee provides that any overdue amount on the house will be paid through the Plan (along with at least a portion of other unsecured debts), then so long as the debtor remains current on the mortgage payments while making the payments agreed to under the Chapter 13 Plan, the Trustee will most likely not be permitted to force a sale of a house. [ Read More… →]

Only the assets of the estate are used to pay debts incurred by the decedent.  Beneficiaries and the executor are not personally liable for such debts (unless they are co-debtors or have personally guaranteed the debts of the decedent in some way). [ Read More… →]

Courts in most states hold the Attorney-in-Fact (the person granted the powers under the document) in a fiduciary capacity — in other words, the attorney-in-fact owes the person who gave the power of attorney (the grantor) a fiduciary duty. [ Read More… →]

Standard Legal’s No-Fault Divorce legal forms software is intended to be used only in situations where both spouses have reached full agreement on the division of all assets, property and liabilities for the impending divorce.

So the nature of the question and the nature of the use of the legal forms software title are not in sync. [ Read More… →]

The person creating a Power of Attorney document can still make his or her own life decisions. [ Read More… →]

A legal action that can be used to contest the validity of any presented Last Will & Testament. [ Read More… →]

Typically, a divorcing couple filing for No-Fault Divorce has two options in regard to jointly held real estate: [ Read More… →]

Once the initial Trust document is created, changes require either an Amendment or a Restatement (i.e. a new Trust). [ Read More… →]

A Trust has no address per se. But real property must be held or titled in the name of the Trust. [ Read More… →]