Ask Standard Legal

Can I Reaffirm and Keep Paying on a Current, Secured Property Loan in Chapter 13 Bankruptcy?

Ask Standard Legal — Tue, 15 May 2012 19:43:32 +0000

Technically, reaffirmation agreements are available only in Chapter 7 Bankruptcy cases.

However, in a Chapter 13 case, if a debtor wishes to retain property that is secured by a loan that is current, the Chapter 13 plan can provide that the loan will be paid through (or outside of) the plan.

The Chapter 13 plan is subject to review and approval by the Chapter 13 trustee assigned to the debtor’s case.

For complete overviews and instructions for filing Chapter 7 or 13 Bankruptcy, see Standard Legal’s Bankruptcy kit.

How is the Executor of a Will Replaced if the Person Named is Now Deceased?

Ask Standard Legal — Mon, 14 May 2012 15:07:29 +0000

The procedures to replace an Executor in a Last Will and Testament are dependent on state and local rules, and on the procedures that govern the particular probate court in your area.

Most likely, a new executor would need to be nominated and a motion or application filed with the probate court to appoint such person. The motion or application would then be heard by the court, and beneficiaries and others with interest in the estate would, most likely be permitted to consent or object to the nomination (depending on the jurisdiction’s rules).

If this process is too complicated to handle pro se, Standard Legal suggest you find a local attorney to help; you can find an attorney for FREE here.

To easily create a new Will, see Standard Legal’s Last Will and Testament legal forms software page.

If I Pay Off My Chapter 13 Plan Early, Am I Done?

Ask Standard Legal — Thu, 10 May 2012 13:54:44 +0000

In general, the full payment of the Chapter 13 Bankruptcy Plan should signal a final resolution of the case — unless the debtor’s income has increased significantly.

A review of the plan with the Bankruptcy Trustee should either confirm that the plan is paid and the case will be closed, or that additional funds may be required to satisfy the plan.

To file personal bankruptcy without the expense of an attorney, see Standard Legal’s Bankruptcy legal forms software package.

Can My Ex Spouse Get My Pension if Most of My Work Was Done After the Divorce?

Ask Standard Legal — Tue, 08 May 2012 17:49:20 +0000

It is indeed possible that an ex spouse could be eligible to receive some portion of pension benefits earned during the time of a marriage, if the ex-spouse so petitions the court.

But it is not a good idea to respond to such a petition from the court on the matter unless you are fully versed in the law regarding the topic.

For advice specific to any complex personal legal questions, Standard Legal always recommends you consult a qualified, licensed attorney; you can find a local attorney for FREE at Standard Legal’s Attorney Finder page.

Is My Apartment Lease Valid if the Landlord Never Signed It?

Ask Standard Legal — Thu, 03 May 2012 16:06:41 +0000

In most states, the general rule is that any agreement regarding or pertaining to an interest in real property must be in writing and signed by the parties.

However, courts will often look to the conduct of the parties to see if there is a definitive agreement reached, even if the document in question has not been signed.

The course of conduct of the parties (i.e. had the parties acted as if the lease was in effect even without the signature) could be one issue that a court would look at if required to address this matter.

As such, while the black letter rule of law may require a signature of the landlord, other factors may dictate a different result.

What is the Difference Between a General Power of Attorney and a Durable Power of Attorney?

Ask Standard Legal — Mon, 30 Apr 2012 12:49:19 +0000

There are some very important differences between the two types of Power of Attorney documents.

A General Power of Attorney provides the named Attorney-in-Fact with the authority to act on behalf of the grantor so long as he or she sees fit; a General POW is often set up only for specific transactions of business, and expires if the principal becomes incapacitated.

A Durable Power of Attorney provides the named Attorney-in-Fact with the authority to act on behalf of the principal even if that person becomes disabled or incapacitated. A Durable Power of Attorney does not expire until the death of the maker, or if the POA is revoked.

To create a Durable Power of Attorney document, see Standard Legal’s Power of Attorney legal forms software page.

(Sorry, Standard Legal does not offer a General Power of Attorney as it’s use is fairly rare.)

How is the Mortgage on a Home Handled as it Relates to Distribution in a Will?

Ask Standard Legal — Thu, 26 Apr 2012 17:34:44 +0000

People often discuss the transfer of a home to the beneficiaries within a Last Will and Testament, but when a mortgage is still owed on that property the transfer of ownership must still address the amount owed.

A home’s mortgage will exist on real property until such time as it is paid off — whether that be through a sale, by payment in full by the estate of the decedent, or by an agreed-upon final payment as accepted by the mortgage company.

The property can be transferred to a third party (including one of the beneficiaries) by way of a Quitclaim Deed (or even through probate after death), but the mortgage will continue to exist and encumber the property until it is paid off (or through some mutually agreeable arrangement reached with the mortgage originator).

If one beneficiary wishes to maintain ownership of the property, typically an agreement must be reached amongst the beneficiaries to purchase the interests of those who wish to sell. Once that agreement is reached, the mortgage is addressed as discussed above.

To easily create a Will at a very affordable price, see Standard Legal’s Last Will and Testament legal forms software page.

Can a Member Managed LLC Be Transferred Into a Trust?

Ask Standard Legal — Wed, 25 Apr 2012 13:16:39 +0000

The owners of the Units of the member-managed Limited Liability Company can assign and transfer their Units of ownership to a Living Trust, so long as no agreement (or the operating agreement of the LLC) restricts such transfer.

If such a restriction exists, consent of all of the owners of the LLC would be required prior to the transfer into the Trust.

Am I Entitled to Will Assets from My Ex-Spouse if No Other Will Was Made Prior to Death?

Ask Standard Legal — Wed, 25 Apr 2012 13:16:28 +0000

Depending upon the jurisdiction in which a person lives, a Divorce or Dissolution done through a court could revoke the Last Will & Testament document that existed during the marriage.

In some jurisdictions, the entire Last Will & Testament is revoked by operation of law upon a divorce.

In other jurisdictions, a divorce may not act to revoke the Last Will & Testament in its entirety – or may act to revoke only specific provisions relating to the former spouse.

Thus, it is critical to review state and local laws to determine the operation that covers a Will with respect to Divorce. For such a review, you may wish to engage the services of a qualified local attorney; you can find one for FREE at Standard Legal’s Attorney Finder page.

Upon a divorce, it is often advisable to create a new Last Will & Testament, to ensure that newly-divided property is covered and is provided to the intended beneficiaries upon death. To create this document quickly and affordably, see Standard Legal’s Last Will and Testament legal forms software page.

Does a Signed Quitclaim Deed Override a Different Distribution Outlined in a Last Will?

Ask Standard Legal — Tue, 24 Apr 2012 14:25:49 +0000

In most cases, a valid and signed Quitclaim Deed transferring property to a person other than the decedent “trumps” or supersedes the provisions of the decedent’s Last Will and Testament.

The deed transfers title to the real property out of the name of the decedent and, as such the property is not included in the decedent’s probate estate.

The issue of whether an unfiled but properly signed deed “trumps” a probated Will is a more difficult question — and a “general rule of thumb” on this issue may not be applicable in all states and all circumstances — and is one which should be addressed by a qualified attorney in a client relationship.

You can find a local attorney for FREE at Standard Legal’s Attorney Find page.