Legal Info | LegalZoom

Common Sole Proprietorship Industries

Tue, 02 Apr 2013 11:59:15 +0800

Sole proprietorships are a popular business structure because they are simple to set up and have few state filing and tax requirements. Entrepreneurs create sole proprietorships for a variety of businesses ranging from construction to retail to professional services. In many states, there is no filing requirement to set up a sole proprietorship.

Can a Corporation Be a Member of an LLC?

Tue, 02 Apr 2013 11:53:43 +0800

A limited liability company, or LLC, is a type of business organization authorized by state statute. All state LLC statutes permit other types of business entities, such as a corporation or partnership, to serve as a member of an LLC, and usually place few restrictions on the ability of a corporation to be an LLC member.

Oregon Wills Requirements

Tue, 02 Apr 2013 11:52:53 +0800

Although there are many similarities between the laws of various states, each state puts its own unique stamp on what it considers as a legal will. In general, a will must be valid in the state where it is made, regardless of where you die. Chapter 112 of Volume 3 of the Oregon Revised Statutes contain the state’s wills provisions. But these are only guidelines as to what the state will accept, so you it may be a good idea to consult an attorney about your personal estate needs if your estate is large or complex.

What Are a Husband's Rights to the House in a Divorce?

Tue, 02 Apr 2013 11:50:52 +0800

When a man goes through a divorce, he doesn't necessarily lose just his marriage; sometimes, he loses his home, too. Laws vary by state, and decisions can be at least partially based on individual circumstances. However, losing the right to physically live in the home does not necessarily mean you will lose all of your equity, even if your wife purchased the home before you were married.

The Justification for a Divorce

Tue, 02 Apr 2013 12:02:04 +0800

Every state requires that parties filing for divorce give a legally recognized reason for seeking to end the marriage. These are called grounds, which can be categorized as either fault or no-fault. A few states offer only no-fault grounds, while others recognize both types. Each state has its own set of grounds for divorce, although they are often quite similar. No matter what, grounds for divorce must be proven before the court will grant you and your spouse a final judgment of divorce.

What Is a Preliminary Divorce Hearing?

Tue, 02 Apr 2013 11:57:35 +0800

A preliminary divorce hearing is your first appearance before a judge after filing for divorce. Unless you and your spouse agree on everything, the judge does not typically make rulings at this hearing. Instead, it is used for basic scheduling and to explain the procedures of the family court in your area. State laws vary substantially and some states use preliminary hearings to encourage or order mediation. Others conduct preliminary hearings in front of a judicial officer or mediator rather than a judge. Because family law is complicated and you will need someone to represent your interests if you and your spouse disagree on custody, child support and division of property, consider hiring a divorce attorney before going to your preliminary hearing.

Can a Bankruptcy Court Take Your Injury Settlement?

Tue, 02 Apr 2013 12:02:18 +0800

If you are on the verge of filing for bankruptcy because you lost your job due to an injury, you may find yourself in bankruptcy court seeking protection from your creditors and in state court pursuing a personal injury claim. You must work with your attorneys carefully, and disclose any personal injury claims to the bankruptcy trustee or you may not be able to recover any money for your injuries.

Formation of an LLC in California

Tue, 02 Apr 2013 11:53:01 +0800

Forming a limited liability company (LLC) in California requires business owners to submit filings to the state and pay fees. In California, as in other states, an LLC protects business owners from being held personally liable for company debts and other obligations of the business. The California Secretary of State oversees and enforces LLC regulations.

Do I Have to Dissolve My LLC if My Partner Is Insolvent?

Wed, 15 May 2013 08:36:36 +0800

Limited liability companies have certain advantages, such as allowing owners to enjoy liability protection similar to a corporation while being taxed like a partnership, thus avoiding double taxation. But an LLC also has disadvantages, such as when one member, or owner, becomes insolvent and has to declare bankruptcy. Even if there are only two members in an LLC, one member becoming insolvent doesn't necessarily mean that the LLC has to dissolve, but it can cause problems. Because an LLC is an independent legal entity formed under state laws, those laws dictate what follows.

State of Wisconsin Alternatives to Bankruptcy

Tue, 02 Apr 2013 12:02:38 +0800

Wisconsin offers a unique bankruptcy alternative, often termed “Chapter 128” because it is located in Chapter 128 of Wisconsin Statutes. A Chapter 128 case is not considered bankruptcy in the same manner as a federal bankruptcy case and tends to be easier to file, though more expensive than federal Chapter 13 bankruptcy. Wisconsin debtors can also settle debts with debt settlement plans or debt consolidation loans, thereby eliminating the need to file bankruptcy.

How to Contest a Legal Will

Tue, 02 Apr 2013 11:53:16 +0800

Just because an executor files a will in probate court does not make the will valid, and a trial ensues if challengers file objections to the purported legal will. While probate rules vary among jurisdictions, common grounds for will contests include fraud, or when someone tricked the testator into making or changing will provisions, for example; undue influence, or when someone pressured a vulnerable testator into making or changing will provisions; and improper execution, or when the will was not signed in conformity with state law.

Name Change During a Divorce in Missouri

Fri, 17 May 2013 12:41:26 +0800

The act of changing one's surname during a divorce is surprisingly simple in the state of Missouri. With the simple check of a box, a request can be made that the requesting spouse may change their name back to their previous name at the close of the divorce case. The process is slightly more complicated if the request is made after a final divorce judgment is entered, but still relatively easy to accomplish.

How Long Does Divorce Take in Michigan if You Have No Children?

Wed, 29 May 2013 18:35:07 +0800

Establishing custody and support for a minor child can be a time-consuming aspect of the divorce process. These matters often become highly contested and Michigan law imposes a longer waiting period for divorces if you have children. Otherwise, the time it takes to finalize any divorce generally comes down to how quickly you and your spouse can agree on all issues and reach a settlement.

How to File for Bankruptcy for a Voluntary Repossession

Tue, 02 Apr 2013 12:03:58 +0800

Other than a house, your vehicle may be the most valuable asset you own, but repossession may seem like your only option when you can’t make your car payments. With repossession, your bank can take your car, sell it and apply the proceeds toward your loan balance. However, bankruptcy may allow you to restructure your loan so you don’t face repossession, and bankruptcy can erase your remaining debt if your vehicle has already been repossessed.

Problems With Wills

Tue, 02 Apr 2013 11:52:41 +0800

Because a last will and testament is such an important document, state law provides a number of grounds for contesting their validity and enforceability. For this reason, if you are not an attorney and you write your own will, you need to take care to avoid the many pitfalls that might cause problems for your heirs after you die.

What to Do When Someone Dies Without Leaving a Will?

Tue, 02 Apr 2013 11:59:22 +0800

When someone dies without a will or other estate planning direction, this is legally known as dying "intestate." Intestate estates are distributed to heirs according to state statutes. Spouses and children are first in line to inherit intestate estates. If there is no spouse or children, then next of kin inherit. An intestate estate must pass through probate court before it is distributed to heirs. If there are no relatives, an intestate estate passes to the state.

Florida Laws on Final Judgments in Divorce

Tue, 02 Apr 2013 12:03:33 +0800

The final judgment in a divorce case is the document that officially marks the end of the marriage, returning you and your spouse to the status of single individuals. The final judgment, also called a divorce decree or final order of divorce, contains all the terms of the divorce. It includes the division of marital assets and a parenting plan spelling out whom the kids will live with and whether a parent will pay child support, as well as issues such as their education, health care and religious upbringing. However, despite the word "final," the terms of the agreement can be altered later if there is a change of circumstances that warrants an adjustment.

How to File a Complaint on an Executor's Integrity

Tue, 02 Apr 2013 12:00:17 +0800

The executor of an estate occupies a position of trust; carrying out the testator's last wishes requires not only the mental acumen necessary to handle often complex business affairs, but also a healthy dose of honor. If you're an interested party who feels the executor is misbehaving, your state's probate code will contain a mechanism for rectifying the situation.

What Is Probate for a Will?

Tue, 02 Apr 2013 11:53:14 +0800

Probate is the process in which a court determines that your last will is in fact a valid document, according to the American Bar Association. The probate court also hears any court cases brought to challenge or contest the will. The term "probate" may also be used to describe the entire process of wrapping up the deceased person's estate, although many of these tasks are carried out by the estate's executor, not the probate court itself.

What Does the Executor of a Will Do?

Tue, 02 Apr 2013 11:53:17 +0800

Being named as the executor of a person's will can be a great honor; as the individual chosen by the deceased to manage his affairs after death, the executor is generally a person the deceased trusted to carry out his last wishes. The executor of a will must exercise the utmost fiduciary care and diligence in administering the decedent's estate.