The nature of a debt and the existence of collateral determine which schedule should be used when filing for personal Bankruptcy.
Does a Beneficiary Have a Say in How a Trust’s Assets are Managed?
The Trust document will describe how the Trust property is managed and eventually distributed.
Can One Large Piece of Property Be Split Between Two or More Buyers Using a Quitclaim Deed?
To split an existing real estate parcel for transfer to new owners, the new parcels must first be created legally.
How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?
In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.
But typically the remainder of the Will continues to be effective.
So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.
But not always.
Can a Landlord Make a Tenant Responsible to Pay for Certain Repairs?
An apartment or home rental contract is just that: a contract. The language within any contract can be negotiated to agreement by both parties, the tenant and the landlord.
If a Married Couple Has Individual Wills, Does the Will of the First Spouse to Pass Go to Probate?
Yes, for a married couple with individual Last Will and Testament documents, the Will of the first spouse to pass must be Probated. Once Probate is completed on that spouse’s Will, only the remaining Will document would still be in force.
How Does a Beneficiary Deed Work in Conjunction with a Last Will?
A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided.
Why Won’t My Deceased Father’s Bank Honor His Last Will and Provide Account Access?
Banks do not accept a Last Will and Testament document as proof to provide access to funds in an account for obvious reasons.
If a Land Contract Buyer Rents the Property to Another, Can the Seller Be Liable for Injury?
A third party can be named in a lawsuit for just about any reason, as including a party requires no more than adding a name to paper.
If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?
If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away.