If you do not understand the estate and/or quitclaim deed process or if you do not wish to research all of the requirements to make the property transfer under such a process, we strongly suggest you find a local attorney to help you. You can find one for FREE at Standard Legal’s Local Attorney Find page.

(Certainly the bar association would recommend this; that keeps the lawyers working!)

But for couples that can work together calmly and rationally, involving lawyers in the creation of a Premarital Agreement is not a requirement — nor is it “true” that a better legal agreement is created because multiple lawyers are involved.

A couple can certainly create their own prenuptial agreement on a pro se (self help) basis. See the details on Standard Legal’s Premarital Agreement legal forms software.

For the buyer, such a situation could become a “title nightmare” — especially if the claim of sole ownership is not true.

Every buyer should ensure a clear title exists to a home under purchase consideration. The names listed on the Deed with the county recorder reflect ownership, and as such the Deed should reflect the current ownership situation before any person gets involved in a purchase. Such an issue could become the buyer’s problem later if it is not addressed in advance.

A potential buyer might suggest to the divorced home owner that he or she create a Quitclaim Deed and have it signed by the ex-spouse to clean the title of the home prior to continuing the sales process.

Details on this very inexpensive solution can be found at Standard Legal’s Quitclaim Deeds legal forms software page.

If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized.

To easily and affordably create a new Will document without the expense of an attorney, see details about Standard Legal’s Last Will and Testament legal forms software.

However, the ability of a foreign-based ‘attorney in fact’ to carry out the wishes of the Grantor could be an issue for any transaction involving the attorney-in-fact and any USA bank, financial institution, local/state/federal government, courts, etc.

Typically, many of these entities may have internal rules and regulations that require transactions be made by U.S. Citizens. So while there is nothing to legally prevent a person from naming a foreign national as “attorney in fact”, operational factors may make such a decision a poor one.

For an easy and affordable method to creating the necessary documents, see Standard Legal’s Power of Attorney legal forms software option.

The theory is that such refund is an asset of the debtor that can be used to pay creditors.

But there is one consideration, however.

There is a complicated formula for determining the amount of the refund that can be taken by the Trustee. Further, the debtor is free to utilize any cash or wild card exemptions that may be available to him or her (or whatever amount is not utilized on other assets) to shield the refund from being claimed by the Trustee.

These exemptions are detailed in full for each District within the content of Standard Legal’s Bankruptcy legal forms software.

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…

This phrase means that all surviving children split the assets of the maker of the Will equally upon death, with no consideration to any other persons or their family.

As written, the children of a deceased “child” (who may be an elderly adult with adult children once the Will is finally executed) would have no claim to any of the assets of the maker of the Will, even though those children are the direct grandchildren of the maker of the Will.

Typically, such a phrase makes sense when the children of the maker of a Will are very young, or even young adults with no families of their own. But over time, such a phrase can leave a person’s grandchildren out of a Will simply because the grandchildren’s parent — who is the child of the maker of the Will — has died before the Will is executed. Such a slight of the immediate family of the dead child is rarely intended, which is why it is critical to fully understand the terms of the Last Will and Testament that a person signs.

If the maker of a Will wishes to include fully the remaining immediate family of a “child” who dies, then there are two options: make certain that the language above is not included in the Will document; or create a Will with “specific gifting provisions”, a format of Will that Standard Legal includes in its Last Will and Testament legal forms package.

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.

In many states, you or your spouse must have lived in that State for at least six (6) months — and sometimes longer for certain states — before a divorce can be filed. That means you may not file for Divorce in that particular state until you have met the six (6) month residency requirement.

Standard Legal’s No-Fault Divorce (without Children) legal forms software details the length of residency requirements for each state in the USA, and provides all of the necessary documents and instructions to complete the dissolution filing for any state.

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.

This being stated, if the estate of the person that has made a Will is being improperly handled by a third person with Power of Attorney who is improperly benefiting from the estate or taking advantage of the person who is now mentally incapacitated, there are measures that can be instituted in a court of law to prevent or restrict such improper actions.

However, we STRONGLY suggest that if you believe an estate is being intentionally mismanaged, you discuss your concerns with a local attorney to ensure the validity of your position and to properly handle the required court procedures. To find a local attorney for FREE, visit Standard Legal’s Attorney Finder page.