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Can I Name My Business ‘Inc.’ But File as an LLC?

The use of ‘Inc.’ or ‘Incorporated’ within the business name for a limited liability company would be inappropriate in almost all states, and in most cases would prevent the filing of the LLC documents from being accepted by the secretary of state. [ Read More… →]

Tags: Incorporation Questions · Limited Liability Company LLC Questions  ·  November 20th, 2009

Can a Member with Tax Problems Cause Issues for Our New LLC?

Personal income tax issues will not be imputed to the LLC itself in most instances. But any collection activity against a member of an LLC for tax matters could affect that member’s ownership rights. [ Read More… →]

Tags: Limited Liability Company LLC Questions  ·  November 19th, 2009

Is a Will That Lists My Ex-Spouse Still Valid?

Yes, an original Will document that is properly signed and notarized would still be legal and valid — but would probably not properly provide for the gifts that you would list to pass upon your death. [ Read More… →]

Tags: Last Will and Testament Questions  ·  November 17th, 2009

If They Die, What Happens to My Land Contract Home Sold to Me By My Parents?

Many people purchase a home through a Land Contract from their parents. But the sale of a home to one child via land contract should also include some good estate planning via a Will or Trust — especially if there are other siblings involved. [ Read More… →]

Tags: General Questions  ·  November 13th, 2009

Can Past Creditors Seize a Home I Purchase Via Land Contract?

Most land contracts allow the current owner to retain title to the property until such time as the purchase price in the contract has been fully paid. As such, creditors most likely will not have a right to pursue a home purchased under a Land Contract, as the “buyer” in a land contract is not the titled owner until all payments are made. [ Read More… →]

Tags: Land Contract Questions  ·  November 12th, 2009

Which Chapter 7 Schedule Should Be Used to List Delinquent Property Taxes?

The schedule used for delinquent real estate property taxes due to a city or county depends upon the status of the property. [ Read More… →]

Tags: Bankruptcy Questions  ·  November 11th, 2009

In the Creditor Matrix, Do I List the Debtor or its Collection Agent?

Standard Legal suggest that it is best to provide “more information” vs. “not enough information” on the Chapter 7 Bankruptcy schedules. [ Read More… →]

Tags: Bankruptcy Questions  ·  November 10th, 2009

What Document Should My Parents Use to Transfer Property to Me from a Trust?

Any of Standard Legal’s Quitclaim Deeds will accomplish the transfer of real estate property from a Trust to an individual. [ Read More… →]

Tags: Quitclaim and Warranty Deed Questions  ·  November 8th, 2009

How Do I Remove Myself as a Listed Beneficiary from a Person’s Will?

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… →]

Tags: Last Will and Testament Questions  ·  November 6th, 2009

Is a Signed and Witnessed Last Will and Testament Still Valid if the Document is not Dated?

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

Tags: Last Will and Testament Questions  ·  November 4th, 2009

Can the Heirs of a Living Trust Force the Trustee to Make Changes?

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… →]

Tags: Living Trust Questions  ·  November 3rd, 2009

How Do I List Two Mortgages on One Property within a Bankruptcy Filing?

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… →]

Tags: Bankruptcy Questions  ·  November 2nd, 2009

How Do I Add My Adjacent Lots to an Existing Deed?

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… →]

Tags: Quitclaim and Warranty Deed Questions  ·  October 29th, 2009

Can A Prenuptial Agreement Be Nullified?

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… →]

Tags: Premarital Agreement Questions  ·  October 28th, 2009

If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?

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… →]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  October 27th, 2009

Will a Trustee Always Liquidate Property if I File Bankruptcy?

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… →]

Tags: Bankruptcy Questions  ·  October 26th, 2009

Is Standard Legal BBB Accredited?

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… →]

Tags: General Questions  ·  October 23rd, 2009

Can I Name My Living Trust Anything I Want?

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.

Tags: Living Trust Questions  ·  October 23rd, 2009

Must I List Every Asset I Place into a Living Trust?

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

Tags: Living Trust Questions  ·  October 21st, 2009

Can I Help My Parents With a Pro Se Legal Filing?

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… →]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  October 19th, 2009