Ask Standard Legal: Law Questions & Answers for FREE

Standard Legal always recommends that every single pertinent detail to any property transaction be included within the Land Contract document covering said transaction.

But the nature of the question raises a rebuttal question.  [ Read More… →]

Typically, a Last Will and Testament cannot be used to control the future use of an asset (including cash) once it has been distributed.

Usually, a Will can only designate the amount (or percentage) of the estate and name the beneficiary or beneficiaries. [ Read More… →]

The Executor of the Will is responsible for following all of the mandates specifically outlined in said Will as to the distribution of an estate.

But if a Last Will and Testament lacks clarity, the decision is not up to the Executor of the Will to interpret those unclear directives nor to make changes to the stated distribution. [ Read More… →]

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

The distribution of property pursuant to a Last Will and Testament is done through the probate process, by filing a probate action in the appropriate local probate court.

The probate court’s rules will dictate the means, method and duration of contacting potential beneficiaries. [ Read More… →]

Merging two Limited Liability Companies from different states (one newly formed, no less) is typically not something Standard Legal would recommend as to be handled pro se. [ Read More… →]

Whether or not foreigners or non-US citizen living in the USA and holding work-visas can create a Limited Liability Company or file for Corporation status depends upon the state involved. [ Read More… →]

A probate court action could be filed to compel the life estate holder to maintain the property and prevent spoilage.

But there is no guarantee the court would agree with the motion nor compel any action. [ Read More… →]

The terms contained within the Living Trust document should be reviewed carefully to ensure any asset sales processes outlined within are followed.

After that, the process for selling real estate from a Trust is fairly straight-forward. [ Read More… →]

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… →]

A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.

Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).

So intent matters.  [ Read More… →]

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

Any Last Will and Testament that is in possession of the Executor or Executrix can be submitted to the probate court for administration upon the death of the Maker.  How that Will will be treated by the Probate Court depends upon a number of issues. [ Read More… →]

For the purposes for forming a general business Corporation or filing for Limited Liability Company (LLC) status, there are no requirements that a person be a resident of the state in which the company is to be formed.

But there is one requirement for most states that must be managed. [ Read More… →]

In most cases, a letter of administration (or a similarly named document) will be issued by the probate court that is administering the estate of the deceased.

That document will provide the authority to the Executor to conduct business on behalf of the estate, and would be accepted by most banks and other property and financial service providers.

Thus, a probate case must be initiated to obtain such a letter. [ Read More… →]

In most cases the Executor of a Last Will and Testament is required to provide a report to the probate court regarding the administration of the estate.

If an asset listed in the Will cannot be located, that asset would be included within this report. [ 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… →]

The granting of Power of Attorney is solely the choice of the individual; no one can ‘force’ another to provide Power of Attorney to another except through a court-ordered action, which is a complicated process. [ Read More… →]

Many recorder’s offices will not accept a deed that has not been notarized. [ Read More… →]

Beneficiaries (and any other persons specifically named in a Last Will and Testament) SHOULD NOT act as the witnesses to the maker’s signature on that Will, to eliminate any possible conflicts of interest. [ Read More… →]