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Standard Legal recommends that a person with a large number of debtors who is filing Bankruptcy create separate continuation sheets for each type of debt, using the stock continuation sheet provided. [ Read More… →]

If the Power of Attorney document is written so as to require the “attorney-in-fact” to disgorge or turn over any and all documents or financial accounting records he or she may have after the dissolution of a POA, then an obligation to act typically will exist.

But if that language is missing from the document, then the answer is not as black and white. [ Read More… →]

A lease agreement is valid, binding and enforceable upon execution by the parties.  Unless the lease agreement provides a specific amount of time for one party or the other to return it after signing, there is no time limit, per se.

However, providing a tenant with a copy of the signed lease agreement as soon as possible is a good idea, so that the tenant is aware of his or her obligation and to make the tenant aware of any rules or regulations that may be associated with the property. [ Read More… →]

Many notaries employ the use of a seal or stamp to make the notarized document appear more “legal”. But the document is no more or less “legitimate” if a seal is placed on the document or not. [ Read More… →]

Sometimes the parties to a Deed cannot meet together on the same day to sign the document; often a Deed is hand-delivered by a third party or mailed between parties.

In such an instance, the date listed within the Deed should reflect the date of the second person making the signing. [ Read More… →]

Land Contracts have a number of names: sometimes they are called Trust Deeds, Contract for Deed, Deeds of Trust, Notes, or Privately Held Mortgages. But they all represent the same thing: a way of selling property where the buyer relies upon the seller for the financing rather than paying cash up front or borrowing from a bank.

So what is the process of buying a home or undeveloped property via Land Contract? [ Read More… →]

Most real estate purchases made with a mortgage in place use a Warranty Deed as a way to protect the interests of both the note holder and property owner. But once a mortgage is paid off and the house is owned free and clear by the property owner, other types of deeds can be used, if the property owner so chooses. [ Read More… →]

Trustees often have specific rules regarding the conduct of their 341 meeting of creditors. And while many procedural rules are common to all Trustees, there can be slight differences in their actions or requirements. [ Read More… →]

Many people hope that they need not include their car in bankruptcy, especially if they are not behind in their payments. But is a person still required to list their car on the bankruptcy filing regardless?

Under bankruptcy law, all assets, debts and obligations are to be listed on the petition and schedules.  [ Read More… →]

Wills are not “filed” with a court — they are signed, attested then distributed to the Will’s executor, family members, and other trusted advisors and persons.

If a person you know has become incapacitated or died and you are attempting to locate a valid copy of his or her Will, the best idea is to contact persons close to or related to the maker of the Will.

Making certain that a completed legal document like a Will, a Living Will, a Living Trust, a Promissory Note or a Premarital Agreement will remain valid for many years after its original signing is a legitimate concern, and one to be taken seriously. [ Read More… →]

Vehicles can be transferred into a Living Trust so that the Trust holds the title or ownership to the vehicles. Upon the death of the Grantor of the Trust, the vehicle continue to be owned by the Trust and do not need probate court or bureau of motor vehicle approval to transfer title to the beneficiary named in the Trust document. [ Read More… →]

A written contract should be completed for the sale of a mobile home, but it would not be a real estate agreement: in most cases a mobile home is not tied to land and therefore is considered personal property. [ Read More… →]

The abbreviation TTEE is shorthand for the word “Trustee” — the person who executes the terms contained within a Trust.

Before filing for a second Chapter 7 bankruptcy case, a debtor must wait eight (8) years after filing the first case in which a discharge was granted.

But in some cases there can be a significant amount of time that passes between the original filing and the date the Bankruptcy is officially discharged by the Trustee. So which date is used as the starting date for the implementation of the 8-year rule, should a person needs to file a second bankruptcy proceeding? [ Read More… →]

Typically, there are two options to changing the name on an existing Trust, assuming the existing trust was validly executed and properly funded:    [ Read More… →]

A Power of Attorney (POA) document would most likely not provide any help in a temporary child care situation for grandparents; children cannot grant another person any rights through a POA since they are minors, and POAs cannot be created that assign rights for a third party (i.e., a mother cannot create a POA that assigns rights on behalf of her children). [ Read More… →]

A Living Trust is a written agreement that should, if properly drafted and executed, be valid in any state in which a person resides.

The location of the person’s residence or the location of the assets used to fund the trust are not relevant to its validity. Even if the assets of the original Trust are disposed, the Trust remains valid and is not tied to any specific location. [ Read More… →]

Merely adding another member to an existing LLC generally does not require a document to be filed with the Secretary of State. [ Read More… →]

Setting up a new Limited Liability Company (typically called an LLC) offers the business owner(s) protection from potential creditors and other claims (i.e. it insulates your personal assets). But these protections will only exist if the business operations are conducted under the Limited Liability Company name in all respects.

As such, it is very important that Company money be kept separate from any funds that you maintain in your personal bank accounts (or accounts of other entities), and that you do not place your personal funds into the new business bank account, or otherwise commingle funds. [ Read More… →]