Ask Standard Legal

Pro Se Law and Self Representation Questions

Is a Lease Agreement Signed for a Lesser Amount than Discussed Binding?

Most often, the terms used in a written contract are binding on the parties.

And most times, the terms of that written contract will control the obligations of the parties, regardless of what one party or the other “meant.” [ Read More… → ]

Tags: Lease Agreement Questions · Pro Se Law and Self Representation Questions  ·  January 30th, 2012

If I Represent Myself Pro Se in Court, Does the Judge Have an Obligation to Make Sure I’m Not Hoodwinked?

A pro se litigant is responsible for his or her complete case. [ Read More… → ]

Tags: Pro Se Law and Self Representation Questions  ·  September 22nd, 2011

Can A Family Member with 50% Ownership Transfer Property Without My Knowledge?

As there are many different Deed structures, the original deed must be carefully examined to determine the authority available to transfer the property. [ Read More… → ]

Tags: Quitclaim and Warranty Deed Questions · Pro Se Law and Self Representation Questions  ·  August 31st, 2011

Can the Signature on a Promissory Note Be Required After-the-Fact for a Loan Made by Verbal Agreement?

Verbal contracts can be as valid as written ones, including verbal contracts made for loans. [ Read More… → ]

Tags: Promissory Note Questions · Pro Se Law and Self Representation Questions  ·  August 25th, 2011

Are Fax Copies of Signed Documents Legally Enforceable and Acceptable?

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… → ]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  August 4th, 2011

Can I Represent Myself Pro Se in Court With Help from an Attorney?

Yes, a person can represent himself pro se in court with help from an attorney, unless there is a local court rule that states otherwise.

(Why a person would choose to pay an attorney AND take the lead in a court action is another question entirely, one that does not seem wise in 99.9% of cases.)

Tags: Pro Se Law and Self Representation Questions  ·  May 2nd, 2011

In a Last Will and Testament or Similar Legal Documents, Must I Designate Bloodline Children Differently from a Step Child?

For clarity purposes, when listing blood-related children and step-children within a Last Will and Testament, Living Will or Living Trust, it is suggested that all children be specifically listed in the document by name and then referred to as “my children”. No designation past that is required.

Tags: Living Trust Questions · Living Will Questions · Last Will and Testament Questions · Pro Se Law and Self Representation Questions  ·  April 12th, 2011

Can a Landlord Use Photocopies of a Lease to Enforce the Lease Terms?

Whether or not a referenced lease contract is an original document or a photocopy of the original is irrelevant — so long as the photocopy is an unaltered duplicate of the original document.

The ‘contract’ is the document agreed upon and signed by all parties, not the format of the paperwork. [ Read More… → ]

Tags: Lease Agreement Questions · Pro Se Law and Self Representation Questions  ·  April 5th, 2011

What Changes Must I Make to Complete Trust Documents for a Family Member in Another State?

Simply follow the instructions provided in the legal forms contents, but do so with the clear understanding that the person signing the documents is the only person ‘completing’ or creating the Living Trust pro se. [ Read More… → ]

Tags: Living Trust Questions · Legal Document Preparation Questions · Pro Se Law and Self Representation Questions  ·  February 8th, 2011

Can a Non-Lawyer Chief Executive Represent His Corporation Pro Se in a Legal Matter?

Typically, an executive director or CEO can represent a corporation in day-to-day business functions. But the chief executive of a corporation or LLC cannot represent the corporation in a court of law, as legal counsel, or as part of a litigation. [ Read More… → ]

Tags: Incorporation Questions · Limited Liability Company LLC Questions · Pro Se Law and Self Representation Questions  ·  February 4th, 2011

Does Standard Legal Offer Chapter 7 Forms for Corporate Bankruptcy?

Standard Legal offers only personal bankruptcy legal forms software. And with good reason… [ Read More… → ]

Tags: Bankruptcy Questions · Pro Se Law and Self Representation Questions  ·  September 29th, 2010

Is a Fax Copy of a Signed Contract Valid?

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… → ]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  September 23rd, 2010

Is a Handwritten Marital Separation Agreement Valid if Signed by Both Spouses?

While the fact that a legal document is handwritten has no bearing on its validity, it would be impossible to know if your own handwritten agreement is legal and valid without reviewing the LANGUAGE used within. [ Read More… → ]

Tags: Marital Separation Agreement Questions · Pro Se Law and Self Representation Questions  ·  September 16th, 2010

Can I Sign My Name to a Notarized Company Legal Document on Behalf of My Boss?

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… → ]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  August 18th, 2010

Can a Person Use an “X” as the Signature on Legal Documents?

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… → ]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  May 25th, 2010

Can an Expatriate Living Abroad Use Forms from Standard Legal?

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.

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  May 11th, 2010

Can Standard Legal Help Me Create Customized Language in a Document?

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… → ]

Tags: General Questions · Pro Se Law and Self Representation Questions  ·  May 7th, 2010

Can I Represent a Family Member in a Lawsuit if He Grants Me Power of Attorney?

No, you cannot represent another person in court simply by being granted Power of Attorney. Only attorneys who are licensed to practice law can represent the interests of another person in a court proceeding. The Power of Attorney will not vest you with the proper authority to represent another person in court.

Tags: Power of Attorney Questions · Pro Se Law and Self Representation Questions  ·  April 8th, 2010

Does Standard Legal Offer the Same Documents as LegalZoom?

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… → ]

Tags: General Questions · Software Questions · Pro Se Law and Self Representation Questions  ·  April 6th, 2010

Can I Create an LLC to Pass My Assets to My Children without Estate Taxes or Loss Through Divorce Settlements?

Remember, ‘Ask Standard Legal’ was created to respond only to ‘questions of fact’ for the legal topics listed at the left. So it follows that we cannot respond with suggestions on how a person might structure something or how to proceed; that’s the very definition of legal advice.

You can certainly create an LLC at your discretion with any members you choose to involve. Details about the formation of an LLC can be found here. You might also wish to review the “BUSINESS LAW AND INCORPORATION ARTICLES” at our Standard Legal Law Library to see if an LLC is the best structure for your needs.

But we simply cannot advise you (or even make suggestions) as to the tax or estate issues related to such a decision, or even whether an LLC would function in a certain capacity. In pro se (i.e. “self-help”) law, these are the very types of decisions that must come from the individual “helping themselves”.

If you want or need legal advice, find an attorney. If you need to have a discussion of options on how best to proceed, find an attorney. Unless YOU yourself are 100% certain of the structure you wish to create and the end results of those decisions, find an attorney. To find a local attorney for FREE who specializes in either Estate Planning or Business Law, visit Standard Legal’s Attorney Finder page.

To consider making such a critical long-term financial decision based on some free advice you receive from a faceless person at a legal forms website truly is a bad idea…

Tags: Divorce Questions · Limited Liability Company LLC Questions · Living Trust Questions · Pro Se Law and Self Representation Questions  ·  March 3rd, 2010