Legal-Wise

by Battle, Carl W.; Barish, Jean B.; Bell, Craig M.; National Legal Information Services (U. S.)

• ISBN13: 9781880559529
• ISBN10: 1880559528
• Edition: 3rd
• Format: Paperback
• Copyright: 1996-09-01
• Publisher: Allworth Pr

Summary

This guide offers 21 ready-to-use legal forms as well as clear, accurate, and concise explanations of the legal problems that you are most likely to face. This new edition is updated and expanded to include coverage of privacy, credit, and being a smart consumer. This reference enables you to handle many legal matters yourself and make an informed decision about when hiring a lawyer is necessary.

Table of Contents

Preface	9	(11)
Managing Your Legal Affairs
Your Participation in the American Legal System
Your Right to Represent Yourself
Using This Book as a Legal Resource	11	(2)
Finding The Best Lawyer for You
Which Lawyer Is Right for You?
Using the Sample Attorney's Retainer Agreement
Form: Attorney's Retainer Agreement	13	(6)
Preparing Your Will
What Is a Will?
Requirements of a Valid Will
Intent to Make a Will
Capacity to Make a Will
Signing Your Will
The Witnesses to Your Will
Using the Sample Will Form
Other Clauses for Your Will
Revoking Your Will
Reviewing Your Will
Checklist for Preparing Your Will
Form: Last Will And Testament
Sample Clauses for Wills
Form: Codicil	19	(8)
Easy Steps to Probate a Will
Definition of Probate
Opening the Estate
Estate Inventory and Appraisal
Using the Sample Petition/Application to Probate a Will
Checklist for Probating a Will
Form: Petition/Application to Probate Will	27	(6)
Using a Living Trust to Avoid Probate
Making Use of a Living Trust
Understanding the Trust Agreement
Checklist for Establishing a Living Trust
Form: Trust Agreement	33	(4)
Making a Living Will
The Functions of a Living Will
Checklist for Making a Living Will
Form: Living Will	37	(4)
How to Make an Organ Donor Pledge
Making a Gift of Your Body or Organ
Form: Pledge of Human Body, Organ, or Part Thereof	41	(2)
Transferring Your Personal Rights by an Assignment
What Is an Assignment?
What Rights Are Assignable?
Requirements for Making a Valid Assignment
Using the Sample Assignment Form
Form: Assignment	43	(4)
Operating Through Someone Else by Power of Attorney
Understanding the Power of Attorney
Requirements for Making a Power of Attorney
Form: Power of Attorney	47	(20)
Buying and Selling Your Home
Understanding Real Estate Sales
Using a Real Estate Agent
Making a Real Estate Agreement of Sale
Obtaining Financing for Your Real Estate Purchase
What Happens at Closing?
Checklist for Sale or Purchase of Real Estate
Form: Real Estate Listing Agreement
Form: Real Estate Agreement of Sale
Form: Promissory Note
Form: General Warranty Deed
Form: Special Warranty Deed
Form: Quitclaim Deed	51	(16)
Leasing Your Home or Office
Looking at Renting
Understanding Landlord-Tenant Law
Types of Landlord-Tenant Relationships
Warranty of Habitability
Other Landlord-Tenant Obligations
Security Deposits
Assignment and Subletting
Basic Provisions of a Lease Agreement
Checklist for Making a Lease
Form: Lease Agreement	67	(10)
Personal Property for Sale
Buying and Selling Personal Property
Form: Bill of Sale	77	(8)
Contracting for Repairs and Services
Entering into a Contract for Services
Form: Contract for Services	81	(4)
Handling a Simple Divorce or Separation
What to Do When Relationships Don't Work
Property Settlement and Other Agreements
Going Though a Divorce
Checklist for Filing a Simple Divorce
Form: Property Settlement Agreement
Form: Complaint for Divorce
Form: Affidavit of Consent	85	(10)
Getting a New Name
What's in a Name?
Changing Your Name
Checklist for Filing Petition to Change Name
Form: Petition to Change Name
Form: Petition to Change Name of Minor Child
Form: Consent to Name Change	95	(8)
Being Successful in Small Claims Court
Knowing about Small Claims Court
Should You Go to Court?
Bringing Your Case in Court
Using Affidavits to Prove Your Case
Winning and Collecting a Judgment
Checklist for Bringing a Civil Case in Court
Form: Civil Complaint
Form: Affidavit	103	(10)
Using Releases to Settle Legal Claims
Releasing Someone from a Claim
Form: Release	113	(4)
How to be a Smart Consumer
The Consumer Must Be Aware
Your Rights with ``Door-to-Door'' Sales
Buying Trough the Mail
Checklists for Being a Smart Consumer
Home Shopping Checklist
Checklist for Warranties and Guarantees
Credit Card Checklist
Checklist for Selecting a Financial Institution
Home Improvement Checklist
Used Cars/Car Repair Checklist
Sources of Help For Consumers	117	(10)
Maintaining Good Credit
Why Good Credit is Important
How Credit Bureaus Work
How to Conduct Your Own Credit Check-up
What a Credit Report Covers
How to Correct Errors in Your Credit Report
How Time Affects Your Credit Report
What You Can Do If You Have a Poor Credit Report
What You Can Do If You Have a Poor Credit History
How to Deal with Mounting Bills
Where to Find Low-cost Help
The Cost of Credit
Addresses of Four Major Credit Reporting Agencies
Sample Letter to Correct Errors in Credit Report	127	(8)
Copyrights to Your Writings and Artistic Works
Introducing You to Copyrights
Scope of Copyright Protection
Works Protectable by Copyright
Copyright Notice
Registering Your Copyright
Checklist for Registering a Copyright
Form: Application Form TX	135	(8)
Registering Your Trademarks
The Function of Trademarks
What Trademarks Can be Registered
Filing a Trademark Application
International Classification of Goods and Services
Form: Trademark/Service Mark Application	143	(6)
Obtaining Debt Relief Through Bankruptcy
Deciding to File for Bankruptcy
Filing under Chapter 7---Liquidation Filing Fee
The Chapter 7 Bankruptcy Petition
Exempt Property
Filing under Chapter 13---Adjustment of Debts
Filing Requirments under Chapter 13
The Chapter 13 Bankruptcy Petition
Fraudulent Transfers
Receiving a Discharge from Your Debts
Non-Dischargeable Debts
Checklist for Filing for Bankruptcy
Forms: Debtor's Petition
Debtors' Joint Petition
Application to Pay Filing Fee in Installments
Statement of Assets and Liabilities
Statement of Financial Affairs for Debtor Not Engaged in Business
Schedule of Current Income and Current Expenditures
Chapter 13 Statement
Chapter 13 Plan
List of Creditors, with Addresses	149	(38)
How to Handle an IRS Audit
Dealing with the IRS
The Audit Process: 1) Selection of Returns; 2) Audit of Your Tax Return;
3) Notification of an Audit;
4) What Happens During an IRS Audit;
5) Repetitive Audits
Appealing an IRS Audit
Protest Letter Requirements
The Collection of Unpaid Taxes
Some Useful IRS Publications	187	(8)
Protecting Your Privacy
Taking Steps to Safeguard Your Privacy
Keeping Your Medical and Insurance Records Confidential
How To Avoid Mail and Telemarketing Frauds
Protecting Yourself From Telephone Fraud
Safeguarding Your Privacy with Telecommunications	195	(6)
Appendix Sources of Additional Information	201	(2)
Index	203