In general, and assuming that the original debt is listed on the debtor’s bankruptcy petition and schedules and that the debt itself is otherwise subject to discharge, the purchaser of the debt would be subject to any discharge order received by the debtor through the bankruptcy case and the debt would not be collectable. [ Read More… → ]

Facsimile versions of documents — or scanned and emailed documents or PDF files — are generally acceptable for use in legal proceedings to enforce contracts or obligations and, as such, can be relied upon by the recipient.

But one sticking point does exist. [ Read More… → ]

If you are notarizing any legal document (including a Will), the notary will require the presence of — and require documentation to confirm the identities of — the person(s) signing the legal documents as witnesses to a maker’s signature.

At the same time, note that Standard Legal’s Last Will and Testament documents are ’self-notarizing’, meaning that a notary is not always required to make the Wills valid. For complete details, see Standard Legal’s Last Will and Testament legal forms software page.

The person who is the primary signator of the legal documents being created should place his or her initials at the bottom of each page, on the small lines provided on each Standard Legal form. These initials should be made at the time of the signing of the documents, and done so in front of any witnesses or the notary. The initials simply signify that each page is a valid part of the entire legal document that is signed at the end; as such, the initials made should be from the same person who is making the primary final signature.

A contract or legal agreement containing a photocopied or faxed signature is deemed valid and enforceable in most states.  Such a document could be used to prove the existence of a contract in a court of law or in an administrative proceeding. [ Read More… → ]

The monetary value of each partner’s “sweat equity” or other non-cash contribution to the Partnership can only be determined by the parties involved. The partners must make such a determination through their own internal negotiations. Outside counsel can be consulted to help make a fair determination, but in the end only the potential partners can agree as to what is suitable to their business arrangement. [ Read More… → ]

Generally, a person may sign only his or her own name to a legal document that is to be notarized, and must do so in front of the notary after proof of identity is established. But not always. [ Read More… → ]

Changes made to an existing Last Will and Testament document should be witnessed and notarized to ensure the validity of the changes to others, after the death of the Will’s maker.

Since the process for changing an existing Will requires these steps, creating a new Will is often a better strategy for making updates to the content of a Will document. [ Read More… → ]

A contract should never be signed by either party without the full terms of the contract written into place. By signing a document with open “fill in the blank” spaces, you leave yourself open to exactly such a situation where the details of the contract are entered after-the-fact.

(In fact, when a person is signing a contract, he or she should ’strike out’ — i.e. put a line through — any blank spaces left on the document, to discourage changes to the terms after the fact.) [ Read More… → ]

Yes, a person can sell the real estate property he or she owns to anyone (or any entity) that can make the purchase. But there is a practical consideration that must be examined to be able to complete the transaction. [ Read More… → ]

A person does not give up his or her property rights because of a move to a new location. So in most instances, a spouse would not lose ownership claim to items like furniture, clothing, jewelry, electronics, etc. simply for moving out of the residence. [ Read More… → ]

Sometimes persons become physically disabled to the point that they can no longer write their name as they once did. Can a person in such a condition still create valid legal documents? [ Read More… → ]

As long as a person who lives in another country plans to follow the laws of one of the states of the United States and completes the documents per the directions contained within (including the provided execution and notary signing instructions), any person can create valid documents using the legal forms software offered by Standard Legal.

Without question, there are instances when a legal document needs customized language to support a situation that is highly specific and personal. After all, no legal document company can cover all possible scenarios for any topic.

It is this type of situation in which a person must give careful consideration as to whether customizing do-it-yourself documents is a wise choice vs. working with a local attorney to create fully customized documents. [ Read More… → ]

Yes, Standard Legal’s PDF, Microsoft Word and text legal documents can be modified in three ways: [ Read More… → ]

Because LegalZoom™ advertises their legal document preparation services website on a number of cable television and radio programs, their company is becoming fairly well know. (Another new site that has popped up in recent weeks with a similar offering is Lawyers.com.)

Because these companies are in the same industry as Standard Legal, many people wonder what the differences in products are when they are ready to make a purchase. [ Read More… → ]

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… → ]

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… → ]

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… → ]

Many people purchase a home through a Land Contract from their parents. But the sale of a home to one child via land contract should also include some good estate planning via a Will or Trust — especially if there are other siblings involved. [ Read More… → ]