Typically, if no Last Will and Testament exists to distribute specific assets to specific beneficiaries, the spouse of the deceased retains all marital assets — even if that spouse is a second marriage (or more).
If One Adult Child is to Live in the House I Split Between Two in a Will or Trust, Is a Rent Payment Required?
Upon the death of the Maker, the assets of a Will or Trust become the property of the named beneficiaries.
How Do I Make My New Business Incorporation Into an S-Corporation?
IRS Form 2553 allows you to elect S status for your corporation, which provides for pass-through tax treatment as compared to being taxed at both the corporate and shareholder level.
Is a Lease Agreement Enforceable if No Rent Payment is Made Due?
To have an enforceable contract, consideration must be exchanged by the parties; consideration usually takes the form of money, even $1.
Other things could act as consideration, too.
If I Refinance a Home My Wife Quitclaimed to Me Solely, Does a New Mortgage Void the Quitclaim?
Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing.
If My Father Made a New Will But Didn’t Show it to All Siblings, Is It Invalid?
While it is wise for the Maker of a new Last Will and Testament to distribute copies to all of the potential beneficiaries of that new document, there is no legal obligation to do so.
Can a Limited Liability Company Designate Someone with Power of Attorney for Real Estate Transactions?
A Limited Liability Company can execute a Power of Attorney document for nearly any business transaction, naming an Attorney-in-Fact to perform some or all functions or duties on behalf of the LLC.
If My Father Wishes to Amend the Order of Successors in Our Trust, Does a Single Amendment Cover Every Document in a Trust?
Because each document in a Living Trust (i.e. the Trust itself, Durable Power of Attorney, Health Care Power of Attorney, Pour Over Will, HIPAA Agent, and Personal Representative documents, etc.) performs or provides a different service or function, preparing an amendment for each document would be most prudent.
If I Resold my Land Contract Home to Another Person Using a Second Land Contract, What Document Should I Use to Remove Myself from the Middle?
If a land contract is no longer in effect (i.e., assuming that the ORIGINAL Land Contract has been fulfilled and both parties to that original contract are in agreement on this issue), you may wish to prepare and file a termination statement with the State.
Can Home Sold on a Land Contract Be Resold to a New Buyer Before the Final Payment is Made?
A good Land Contract document addresses a secondary sale within its terms (all of Standard Legal’s Land Contracts do!). If the existing Land Contract spells out the terms for any sale by the Land Contract buyer, those terms should be followed expressly.