A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation.
Is a Lease Agreement Signed for a Lesser Amount than Discussed Binding?
Most often, the terms used in a written contract are binding on the parties.
And most times, the terms of that written contract will control the obligations of the parties, regardless of what one party or the other ‘meant.’
Must I List My Spouse’s Assets and Income in My Individual Bankruptcy Filing, and Can the Trustee Liquidate Those Listed Assets?
A spouse’s income must be reported in a married person’s individual Bankruptcy filing, on the Means Test. But listing income or asset information from the spouse does not give a Trustee free reign to sell off assets.
What is Deed in Lieu of Foreclosure?
Generally, the phrase ‘deed in lieu of foreclosure’ explains the process more so than any actual deed itself.
What Happens When a Deceased Person Made Two Wills and the Older Will Has Been Probated?
Typically, the creation of a new Last Will and Testament causes any prior existing Will(s) to be rendered null and void.
But if the new Will was not provided to the Probate Court to settle the estate immediately after the passing of the maker, there are options.
How Do I Begin a Probate Case After the Death of a Friend or Family Member?
Each county in every USA state typically has its own Probate Court, and typically that court has an application to initiate a Probate Court proceeding. But each court can call this application or form something slightly different. Simply call the Probate Court in your local county and ask the Clerk for the form to initiate … Read more
Is a Jointly Signed Real Estate Promissory Note Valid After Divorce if No Payment Was Ever Made on the Property?
Ask Standard Legal cannot act as a court nor provide a legal interpretation of any document, especially without a thorough review. However, if a Promissory Note was signed by the Maker and some consideration was provided for the note (e.g. there was a loan or other indebtedness), then the Note may be enforceable as written.
Does Filing an LLC Protect Individual Members from Being Named in Litigation Related to the Business?
While forming a Limited Liability Company (LLC) is not a guarantee that the members will not be named in a lawsuit in their personal capacity, the LLC is a legal entity that provides liability protection to the members (assuming the LLC is properly formed and properly run).
How Do I Revise a Deed from Joint Tenants to Tenants by Entirety?
Standard Legal’s Survivorship Deed (using either the Quitclaim or Warranty versions) must be modified slightly to reflect the change from Joint Tenants to Tenants by Entirety.
Where Should I File Bankruptcy if I Just Moved to a New State?
If a debtor has recently changed his or her state of residence, the debtor may file in the state in which he or she now lives, but may need to utilize the exemptions from the state in which he resided prior to the move.