Upon the death of a person who has made a Will, the probate process must be initiated.

Most commonly, a person who has made a Will has chosen a close family member to act as Executor or Executrix –- this is the person that assists and oversees the administration of the deceased person’s probate estate.

The Executor is usually empowered to submit the Will to the probate court or hire an attorney to oversee the probate process. [ Read More… → ]

A Living Trust avoids probate because the property is owned by the Trust and not by the individual. So Trust property is not a part of any person’s estate when that person dies.

But to avoid probate, the property must be placed into the Trust BEFORE the original property owner dies.  [ Read More… → ]

Yes, a Living Trust document can certainly contain both revocable and irrevocable components within it.

But care in drafting this type of Trust must be used to ensure that the trust is properly funded, and that assets become held by the “irrevocable portion” of the trust only at the intended time.

Get complete details on Standard Legal’s Living Trust legal forms software here.

We assume this request is an effort to get the losing plaintiff in a civil case to pay a pro se defendant for the time it takes to defend himself. (Obviously, the Court will not reimburse a pro se defendant in a criminal case.)

Standard Legal is unaware of any situation in which a person representing himself pro se is entitled to any reimbursement for his time under the guise of “attorney fees”.

This is not to say that other remedies are not available to a pro se defendant in a civil case in which he feels he has been wrongly accused, but the request for “attorney fees” is not a suitable legal strategy for the situation.

Some people wish for their business to have the protections offered by LLC status in Nevada, but then wish to do business in — and even have offices in — another state.

To accomplish this structure, first the person should form the Nevada LLC utilizing either Standard Legal’s LLC legal forms software or Standard Legal’s document preparation service.

Once the Nevada LLC is formed, the company should be registered as a foreign LLC within the state in which the LLC will conduct business — whatever that state may be.

Thus, the business will be a Nevada LLC operating under the laws of the State in which it is doing business.

If you have already filed your case, removing counsel should be as simple as contacting the Clerk of Court in writing and informing the Court that you no longer care to utilize the services of your attorney. (You can state the reasons for removal or not, as you wish.)

You should also state in the letter that you will proceed with your bankruptcy case pro se and will represent yourself going forward. [ Read More… → ]

A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.

However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today.  [ Read More… → ]

Generally, a pre-nuptial agreement will not “protect” a future spouse from bad debts, as the premise is not correct.

Debt incurred in one person’s name is that person’s debt alone. So regardless of the terms contained in a premarital agreement, the debts of one spouse do not become the debts of the married couple — those debts stay as the responsibility of only the person who incurred them.

Further, distinct and separate credit events will not affect a spouse or future spouse; debts that are held singly (instead of jointly) affect only the person incurring such debt.

Debt incurred by BOTH the husband and wife AFTER marriage affects both spouses, however.