Most states require that such disclaimers be made in writing. The disclaimer can be written and presented prior to the death of the person making the Will, or up to nine months after the death of the maker (then provided to the executor). If the person making the disclaimer is a minor, he or she can make the disclaimer within nine months after reaching age 21.

When the property is properly disclaimed, it is as if the property was never owned by the person who was listed as a beneficiary in the Will.

If a person is seeking to disclaim property for tax or estate planning reasons, he or she may wish to consult legal and tax counsels, so as to make sure that the disclaimer is properly prepared so that the value of such property is not attributed credited to such person.

An in-depth discussion of this topic can be found here.

The validity of a Last Will and Testament that is not dated depends upon the state in which the Last Will & Testament is being probated and what the state or local probate court requirements are to create a valid Last Will & Testament.

But in such a case, the witnesses who signed the Will may have to swear or provide testimony in Probate Court that the Last Will & Testament was executed before the testator died.

The lack of a date on the document could make for a potentially complex process if someone wishes to challenge the validity of the Will document. If the Will is contested, we highly suggest you find a local attorney to help with the probate process; you can find a local attorney for FREE at Standard Legal’s Attorney Find page.

These types of lawsuits are best handled by a qualified attorney, as the process and procedures can be difficult and cumbersome. To find a local attorney for FREE to help you with your specific situation, visit Standard Legal’s Attorney Find service page.

The court will question you further if they do not understand your answer.

Get complete details on Standard Legal’s Bankruptcy legal forms software here.

Using a deed transfers existing lots, but it does not change the “metes and bounds” description of any one particular lot.

Only the municipality can agree to such changes, so you must contact the agency in your city or county that oversees property boundaries.

If you decide you need to create new Deeds, see details about Standard Legal’s Quitclaim and Warrant Deed legal forms software here.

But valid legal grounds do exist that would nullify the agreement: fraud, coercion, a factual mistake, etc.  These grounds are set forth in case law (i.e. a court’s decisions) and have specific elements to each that require detailed review.

Complete details on Standard Legal’s Premarital Agreement legal forms software here.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject.

In advance of such a divorce proceeding, however, only the persons who signed the mortgage would be contractually obligated to it.

To address this and other financial issues in advance of filing for Divorce, a couple can create a Separation Agreement.

(If you are certain you and your spouse will be filing for No-Fault Divorce, that same Separation Agreement is included as a part of the document package.)

So if there is a mortgage on the property for $100,000 and the fair market value of the property is $90,000, then the there is no equity and the trustee would have no interest in selling the property.

Details on these and other considerations are detailed within Standard Legal’s Bankruptcy legal forms software package.

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Standard Legal is listed with the BBB as a registered LLC in the state of Ohio, and we have provided our company information and detailed responses to them when there is a customer issue.

But we are not “rated” (and thus cannot use their logo on our website) because we won’t pay them to do so.

It’s more a matter of principal than anything.

To get a feel for who we are and the products and services we offer, please read the testimonials, the information in our Law Library, our ‘Ask Standard Legal’ blog,and the specific legal form software product pages for the topic in which you are interested.

We believe these information sources speak for themselves, and trust that our customers find these resources far more relevant than whether or not we pay the BBB to use their logo.

Get complete details on Standard Legal’s Living Trust legal forms software here.