Federal law is clear that most student loan repayment obligations are NOT dischargeable in bankruptcy.

While you are free to prepare the bankruptcy paperwork as you see fit and request to have your student loans discharged, [ Read More… → ]

Sometimes items listed for distribution within a Will are designated to specific beneficiaries, but are sold, lost or given away prior to the death of the maker of the Will. And in some cases, those items were to be distributed specifically to a named beneficiary, to the exclusion of others.

But what is the process for the distribution of assets if one of those items, like a house, was to be split amongst all the children while cash was designated only to a specific child — but the house was sold months in advance of the death of the maker of the Will?

Further, if the named beneficiary has died, what rights do the children of the named beneficiary have to the distribution? [ Read More… → ]

The terms contained within a Revocable Living Trust will dictate when the named beneficiaries are to receive Trust assets; or, if the trustee is granted discretion in issuing payments, the payments are required when the trustee determines in his discretion that they are required. [ Read More… → ]

Standard Legal’s Lease Agreement documents are written so that tenants are required or legally obligated to continue making rental payments throughout the term of the lease, regardless of whether or not the tenant remains in possession of the premises for the entire lease term.

Of course, collecting rent from a tenant who no longer occupies a leased premises can be difficult, but the landlord can choose to file a lawsuit to collect any amounts due under the lease agreement should non-payment occur. [ Read More… → ]

Some USA states have residency requirements for the executors (as well as guardians and trustees) appointed in a Last Will & Testament.  Under Wisconsin law, for example, non-resident status can be a determining factor in a court refusing to appoint an Executor.

Many states (Ohio and Illinois, as examples) do not have specific legal residency requirements for executors and other fiduciaries. But even though state residency may not be technically REQUIRED under the law, probate courts often PREFER that the executor be a resident of the state so that he or she can be geographically close to the court.

And even in those states where residency is not a legal requirement, the probate court is free to refuse to appoint a named executor due to out of state residency. [ Read More… → ]

Clearing title on a piece of real estate without a signature from one of the property’s owners is a fairly complex legal issue with many variables, including the application of state laws.

Possible solutions include: [ Read More… → ]

Yes, an individual can enter into a lease agreement with a Partnership and also be a member of that Partnership.  But be aware that one particular issue may arise and needs to be covered in one of the legal documents relevant to this set up. [ Read More… → ]

Creating a Promissory Note backed, secured or collateralized with real estate may be a problem, as promissory notes are not fully structured for collateral.

A holder of a promissory note is permitted to bring a lawsuit in court to collect money that is due and owing. However, if a promissory note does not also include a mortgage note on the real property “securing” the loan, the holder of the Promissory Note may not be able to foreclose on the property or take any action to remove the owner or tenant. [ Read More… → ]

Both Standard Legal and LegalZoom™ offer quality pro se (self-help) legal document services. Standard Legal offers do-it-yourself legal forms software AND legal document preparation services, while LegalZoom™ offers only the document preparation option.

The biggest difference between the two companies is price. LegalZoom™ charges significantly more than Standard Legal; they have to! See why in this detailed comparison of Standard Legal and LegalZoom™.

Standard Legal’s Wills for couples are meant to be created individually; it makes more sense for each spouse to have a separate Will than to create one jointly. Further, each Will states, “In the event that my spouse shall die simultaneously with me…I direct that I shall be deemed to have predeceased my spouse.”

This language in both Will is, in fact, appropriate. And while it may appear contradictory, it is in fact intentional. [ Read More… → ]

Credit report issues are not covered by Standard Legal, as they fall more to the category of ‘financial’ issues vs. legal issues. To review options available for credit report repair, we suggest you visit the Credit Report Repair page at American Legal Review.

In a Premarital Agreement, the parties can certainly provide income tax returns to each other as proof of income.

But better yet, they should provide full disclosure of ALL of their assets on a document like Standard Legal’s Premarital Agreement. [ Read More… → ]