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Must My Landlord Pay Interest on My Security Deposit When the Term Ends?

May 1, 2013 by Standard Legal

There is no interest due to the tenant on a security deposit held by landlord during the term of a lease — unless such a line item has been specified within the lease agreement and agreed to by the signature of both parties.

Categories Lease Agreement Questions

If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?

April 29, 2013 by Standard Legal

This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws.

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Categories For Sale by Owner Home Sale Questions, Land Contract Questions, Quitclaim and Warranty Deed Questions

On Which Chapter 7 Bankruptcy Schedule Do I List Delinquent Federal Taxes?

April 25, 2013 by Standard Legal

In most Chapter 7 Bankruptcy cases, any delinquent federal taxes owed by the filer would be listed on Schedule E, Creditors Holding Unsecured Priority Claims.

Categories Bankruptcy Questions

Is the Waiting Period Between Chapter 7 Filings Based on the Discharge or Filing Dates?

January 8, 2015April 24, 2013 by Standard Legal

The requirement for the eight year waiting period between filings of Chapter 7 bankruptcy by the same individual is based on the date of filing of the original case to the date of filing of the new case.

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Categories Bankruptcy Questions

Are Additional Filings Required if My Bankruptcy Has a Large Value of Exemptions?

April 15, 2013 by Standard Legal

Before being required to provide the statement required by Section 522(q)(1) of the U.S. Bankruptcy Code, a Bankruptcy filer must first have exemptions under state law in excess of $146,450.

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Categories Bankruptcy Questions

Can an Attorney in Fact Create and Sign a Last Will and Testament on Behalf of the Grantor of a Power of Attorney?

April 4, 2013 by Standard Legal

No. Only the Maker of a Last Will and Testament can sign the Will document. No person can be authorized via Power of Attorney to create and sign a Will on behalf of the Grantor of the POA.

Categories Last Will and Testament Questions, Power of Attorney Questions

If I Want to Sell My Home by Land Contract, Can I Assign the Existing Mortgage to the New Buyer?

March 28, 2013 by Standard Legal

Most mortgage contracts do not allow for the assumption of the debt by another party, even if that assignment is for the same property.

We suggest a careful reading of the existing mortgage contract, as most mortgage documents specifically prohibit such an action.

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Categories Land Contract Questions

How Do I Select the C-Corporation Option When Incorporating?

March 25, 2013 by Standard Legal

A corporation is formed by filing the Articles of Incorporation (or the Certification of Incorporation) with the appropriate state agency.

Only after that filing is completed does attention turn toward the type of corporate treatment, as it is not done with the Secretary of State or with the incorporation filing.

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Categories Incorporation Questions

Does a Living Trust Require a Federal Tax ID Number?

March 18, 2013 by Standard Legal

The answer to whether or not a Trust requires a Federal Tax ID number depends upon the type of Living Trust that is created.

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Categories Living Trust Questions

Can an Last Will’s Executor Charge a Fee to the Estate for Services?

March 13, 2013 by Standard Legal

In most cases, state law dictates what fees (if any) can be charged by an Executor of a Last Will and Testament.

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Categories Last Will and Testament Questions
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