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Entries from March 2009

Can I Read a Copy of a Person’s Last Will & Testament as a Public Record through the Courts?

A Last Will & Testament can become a public record in some cases — but only if or when it is submitted to a Probate Court upon the death of the person making the Will.

Until that time, a Will is NOT public record — it is private. And even after it is filed for Probate, some states have significant restrictions on access to these documents as public records. [ Read More… → ]

Tags: Last Will and Testament Questions  ·  March 31st, 2009

Can a Promissory Note Be Used to Ensure Payment for Services Rendered?

Yes, the promise of repayment as documented in a Promissory Note does not necessarily have to be for cash that has been loaned.  A promise to pay for services is also an appropriate use for a Promissory Note.

Complete details on the types of documents available can be found under the LEARN MORE button on Standard Legal’s Promissory Note legal forms software page.

Tags: Promissory Note Questions  ·  March 30th, 2009

If My Spouse and I are Legally Separated and Ready for Divorce, What is the Next Step?

“Legally separated” can be a misnomer; in many cases, a legal separation and a divorce are the same process. Many people mistakenly call a signed Separation Agreement a “legal separation”, which is not entirely accurate.

If you and your spouse can agree to all of the terms of a Divorce and have no children from the marriage, the Separation Agreement and Divorce filing can be created simply and inexpensively using Standard Legal’s No-Fault Divorce legal forms software. But this option from Standard Legal is only for couples without minor-age children. [ Read More… → ]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  March 30th, 2009

If I Take Power of Attorney for a Friend with Huge Medical Bills, Might I Be Responsible for Payment?

When someone designates another with Power of Attorney, the designate agrees to manage that person’s affairs on his or her behalf.

So long as all business is transacted in that person’s name in a legal manner — the ‘legal manner’ being an important element — the designate cannot be made liable for the debts of that person or his/her estate.

Only the person (or the estate of the person) who created the debts will be responsible for debts incurred; the designate will not be personally responsible for those debts.

See all of the legal documents needed to grant and rescind Power of Attorney.

Tags: Power of Attorney Questions  ·  March 27th, 2009

If My Ex-Husband’s Name is On the Mortgage But Not the Deed and He Files Bankruptcy, Can I Lose My House?

It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.

Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure. [ Read More… → ]

Tags: Bankruptcy Questions · Divorce Questions · Quitclaim and Warranty Deed Questions  ·  March 21st, 2009

Can I Protect My Home Through a Trust Prior to Filing Bankruptcy?

A debtor in a bankruptcy cannot take advantage of state exemptions to shield any asset from bankruptcy, nor can a debtor sell or transfer assets simply to ‘protect’ them. [ Read More… → ]

Tags: Bankruptcy Questions · Living Trust Questions  ·  March 18th, 2009

How Much Will I Have to Pay Monthly in a Chapter 13 Bankruptcy Plan?

The amount of a Chapter 13 bankruptcy plan payment is generally a person’s monthly ‘disposable income.’  This figure can be arrived at by looking at the amounts set forth at the bottom of Schedule I and Schedule J: monthly income, less monthly allowable expenses, equals ‘disposable income.’

These calculations can be determined by properly using Standard Legal’s Bankruptcy legal forms software.

Tags: Bankruptcy Questions  ·  March 17th, 2009

Should I Create a Living Trust for an Estate Valued at Less Than $2 Million?

The value of creating a Living Trust is in its functionality, and not simply a decision that should be made based solely on the dollar value of the assets it is to contain. [ Read More… → ]

Tags: Living Trust Questions  ·  March 13th, 2009

What is the Difference Between an A/B Trust and a Joint Trust?

The difference between an A/B Revocable Living Trust and a Joint Revocable Living Trust is that the A/B trust permits the maximization of the “joint marital credit” for estate tax purposes. [ Read More… → ]

Tags: Living Trust Questions  ·  March 13th, 2009

If I Gather Information and Prepare a Legal Form for Another, Am I Practicing Law Without a License?

The definition of unauthorized practice of law varies from state to state, so providing a specific answer is difficult.  But generally (and note that we indicate generally, as in not a firm rule), merely gathering information and forms and typing a document at the direction of another, without substantive input, would not be considered the unauthorized practice of law.

Tags: General Questions  ·  March 3rd, 2009