Ask Standard Legal: Law Questions & Answers for FREE

Generally, the phrase “deed in lieu of foreclosure” explains the process more so than any actual deed itself. [ Read More… →]

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. [ Read More… →]

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 a probate proceeding. The clerk should be able to provide the form to you, or point you to a website where you can download it.

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.

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). [ Read More… →]

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. [ Read More… →]

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.  [ Read More… →]

Standard Legal does not offer promissory notes backed by a secured asset, because such a structure requires additional governmental filings and can be circumvented by the borrower. [ Read More… →]

If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer. [ Read More… →]

Depending on your state of residence, an income level of less than $50,000 may permit you to file a Chapter 7 Bankruptcy case. [ Read More… →]

Transfer of ownership of an entity does not change or alter the entity itself. But there are a few pieces of the Limited Liability Company structure that should be examined when an LLC is sold. [ Read More… →]

The first fact to understand in such a circumstance is that a person cannot create a Will that distributes property they have already sold. [ Read More… →]

Typically, only the requirements of military duty compels a landlord to return a security deposit to a person breaking a residential lease. [ Read More… →]

While this matter can vary by state, generally ownership in a mobile home is evidenced by a title (much like a vehicle). [ Read More… →]

Payments against a mortgage need to be made by someone, be it parents or child, if either party wants to keep the Deed to the house. [ Read More… →]

The Will language itself should provide the instruction on how and to whom the assets should be distributed. [ Read More… →]

A Last Will & Testament may contain language that forgives indebtedness owed to the decedent by a third party, even if the indebtedness is confirmed through a written Promissory Note.

But if the holder of the Promissory Note is not a beneficiary of the assets of the estate, another solution is used. [ Read More… →]

Such a question would be decided upon solely by the judge overseeing the Probate Court case. [ Read More… →]

A Land Contract can be sold or assigned to a third party purchaser — assuming that the terms of the Land Contract itself permits such an assignment or sale. [ Read More… →]

Once a General Business Partnership Agreement is written and the business established, most contractual business should be done thereafter under the name of the General Partnership. [ Read More… →]