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Entries from February 2010

If We Married in One State But Now Each Live in Different States, Where Do We File Divorce?

The issue of “residency” is important in determining where a couple may file its Divorce case.

In order to start the No-Fault Divorce process, a couple must agree fully to the terms of the divorce, and then file a fully executed complaint in the proper court — where either you or your spouse lives. [ Read More… → ]

Tags: Divorce Questions  ·  February 25th, 2010

Can a Family Member’s Will be Opened Prior to Death if Power of Attorney Concerns Exist?

A Last Will & Testament becomes effective only upon the death of the person making that Will.  A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.

As such, a Will cannot be “opened” or administered prior to a person’s death in order to determine whether that person’s wishes are being respected. [ Read More… → ]

Tags: Power of Attorney Questions · Last Will and Testament Questions  ·  February 24th, 2010

Can My Landlord Put Me into a New Lease Without My Signature if the Old Lease Has Expired?

The answer is simple: read the previous lease carefully. If a lease is well-written, it will spell out the exact terms as to what happens when the rental agreement expires. [ Read More… → ]

Tags: Lease Agreement Questions  ·  February 22nd, 2010

Can a New Deed Transferring Ownership Be Created if One of the Listed Owners on the Current Deed Has Died?

Once one of the listed owners on an existing Deed dies, the ability to transfer ownership of the property by creating and executing a new Quitclaim Deed depends upon the format of the existing Deed. [ Read More… → ]

Tags: Quitclaim and Warranty Deed Questions  ·  February 18th, 2010

Does a Last Will from Standard Legal Work to Transfer Assets Located Outside the USA?

Standard Legal’s Last Will & Testament legal forms software is valid and appropriate for those persons who plan to transfer assets to beneficiaries within the United States and/or have their probate case administered within the United States. [ Read More… → ]

Tags: Last Will and Testament Questions  ·  February 17th, 2010

Can One Spouse Legally Force the Other to Disclose the Contents of an Existing Will?

What if your spouse is not forthright in disclosing the contents of his or her Last Will and Testament? Can one spouse create a Will that “leaves out” the marital partner? [ Read More… → ]

Tags: General Questions  ·  February 15th, 2010

Can Assets Designated in a Last Will and Testament Be Disbursed Before Death?

Sometimes a family must make financial decisions on behalf of a person in the last years of life. This can mean the sale of assets that might have been disbursed to a specific person as a part of a Last Will and Testament.

So the question that arises: can a specifically-named beneficiary in a Last Will & Testament request the disbursement of assets from an estate prior to the death of the Maker, in an effort to keep that asset from being sold off prior to death? [ Read More… → ]

Tags: Last Will and Testament Questions  ·  February 11th, 2010

If I File Bankruptcy Today, Can My Wages Still Be Garnished Tomorrow or Next Week?

The filing of a bankruptcy petition will “stay” or stop any garnishment proceedings. If wages are garnished after the Bankruptcy case is filed, the creditor should be required to repay this money to the debtor or to the bankruptcy estate (i.e. the trustee assigned to oversee the bankruptcy case).

Complete information on the Bankruptcy filing process and related activities are described in specific details within Standard Legal’s Bankruptcy legal forms software package.

Tags: Bankruptcy Questions  ·  February 10th, 2010

How Should Continuations of Schedules and Other Bankruptcy Documents Be Structured?

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… → ]

Tags: Bankruptcy Questions  ·  February 9th, 2010

Can a New Attorney-in-Fact Require Documents from a Dissolved Power of Attorney?

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… → ]

Tags: Power of Attorney Questions  ·  February 4th, 2010

How Much Time May a Landlord Take to Return a Signed Copy of a Lease to a Tenant?

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… → ]

Tags: Lease Agreement Questions  ·  February 3rd, 2010

Does a Last Will & Testament Get a “Seal” on it to Prove it is Legitimate?

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… → ]

Tags: Last Will and Testament Questions  ·  February 1st, 2010