Archive for Legal forms

Got a Pre-Nup? Strange Pre-Nup Clauses for Your Consideration!

Taking the time to write a pre-nup just makes sense.

Wedding bells are in the air! Seems like the perfect time to re-visit the world of strange pre-nups. Officially known as pre-marital property agreements, a pre-nup often covers more than who gets what if the marriage ends. Some even cover what happens while the marriage is ongoing!

No one wants to think about pre-nups in the rosy glow of love and bliss. And just because you want one doesn’t mean you think your marriage is headed for divorce before you even make it down the aisle. Even if you don’t have many assets today, a pre-nuptial can protect you down the road when you might be worth more and stand to lose a lot.

Here are a few interesting clauses to consider for your own pre-nup, courtesy of some famous celebrities who know the importance of protecting their assets.

Who Owns that Gift?

Diply, a social entertainment website, reports Britney Spears and Kevin Federline had a prenup that stated any gift of over $7,000 had to be accompanied by a legal document indicating who owned the gift. They aren’t the only ones to have this type of prenup. According to The Talko, an entertainment site geared for women, Kim and Kanye have a prenup that allows her to keep any gifts he gives her, even if the marriage fails.

Money for the Kids

Planning to have lots of kids together? WKYS 93.9 reports Beyonce and Jay Z have a prenup that says she gets $5 million for each child she gives birth to if they divorce. She’s up $15 million right now.

Money Per Year of Marriage

According to the Mirror, Katie Holmes convinced Tom Cruise to sign a pre-nup saying she would get paid $3 million for each year they were married. In the end, she received a total of $15 million for five years of marriage. Other celebrities include clauses that allow the other person to collect millions if they stay married for a specific length of time.

Adding a Cheating Clause

Being cheated on is no fun, so why not include a clause to make sure you pocket some money if your spouse cheats on you during the marriage? We’ve read about a few celebrity pre-nups where large sums of money were involved if one partner was caught cheating. Diply reports that Catherin Zeta-Jones gets $5 million if Michael Douglas cheats.

Use Paper

It’s a known fact that Amy Irving and Steven Spielberg made a prenup on a napkin. Guess what? A divorce court judge quickly threw that out as illegal, and Irving ended up getting half of Spielberg’s money in their divorce.

Appearance Stipulations

Want to control your spouse’s appearance during the marriage? Sounds harsh, but some celebrities include clauses in their pre-nups about their partner. For instance, how about Jessica Simpson’s purported nuptial from her husband that fines her if her weight goes above 135 pounds?

Dealing with In-Laws

Reader’s Digest described a prenup clause that said the mother-in-law was limited to joining the couple to just one night –– and no more –– on the couple’s vacations. Worried your spouse will be rude to your parents? Might be wise to include a clause that makes them pay every time they offend the in-laws.

Ready to make your own pre-nup? Instantly buy and download our Pre-Marital Property Settlement Kit/Pre-Nuptial Agreement by clicking here. You can also order a hard copy of the kit, and we’ll mail it to you.

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page.

 

Need a Will? What You Need To Know to Write Your Will

Do you need a will? Find out if you need one, then get tips for writing your will.

Did you know…not everyone will need a will? If you have no relatives and don’t care if the state gets everything you own, you may not need a will. Or, if you have no assets or possessions or you’re okay with your closest relative (such as a parent or a sibling) inheriting everything you own, then you may not need a will in that situation, either. Even so, beware: states vary in how things are divvied up once you pass away.

That’s why taking the time to write a will is important if you want control over what happens to your assets, property and possessions. We offer a do-it-yourself will kit for Washington State that makes it super easy to write down your wishes. But before we get to that, let’s look at some of the basics.

What a Will Does and Doesn’t Cover

A will is a legal document that explains your wishes for distributing your property and assets. Some things aren’t established in a will, though. For instance, according to EstatePlanning.com, a service provided by The WealthCounsel Companies, if you name a beneficiary on your life insurance polity or retirement accounts, a will is not needed for that beneficiary to inherit the asset. But that also means you can’t name someone else to inherit this asset in your will, either.

Requirements for Creating a Will

You’ll need to be legally capable of creating a will, which is why witnesses are required (see below). You must also be 18 years of age or older to make a will. Once you create a will, you need to store it somewhere. If you want your loved ones to find your will, make sure to tell someone where to find it upon your death. If no one can find your will, the state will determine who inherits your property.

 Decide Who Inherits What

Decide who inherits your assets, property and possessions. Don’t forget digital assets. When filling out a will, use the recipient’s whole name, rather than identifying them as your wife or child, as this helps eliminate confusion, says Megan Leonhardt in an article written for Money magazine. She also recommends being very specific about assets, such as providing the address for property or writing down precise descriptions of personal property you plan to leave in your will.

RELATED: Click here to read our blog post about 5 things you need to know about digital assets.

 

Witnesses Required

According to a blog post by Redmond-based Pacific Northwest Law Group (PNWLG), your will must be signed in the presence of two or more witnesses. Otherwise, the will may not be valid. Holographic wills, which are written by hand and do not have witnesses), are not valid in Washington state, says PNWLG. But PNWLG says that if a holographic will was created in a state in which they’re allowed, then Washington state honors the will.

Why worry what will really happen when you can instantly download our do-it-yourself will kit, fill it in, get it witnessed by two people and you’re done? If you have questions or want to divvy up your assets in a way that requires more detailed planning, check out our lawyer referral listings.

Click here to buy an instant download of our DIY Will Kit. If you prefer, you can order a print copy, and we’ll mail the kit to you.

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page.

 

Got Your Digital Assets Covered? Five Things You Need to Know

Keeping track of login information is critical to preeserving your digital assets for the future.

Are you on Facebook? Do you use PayPal? Are some of your financial or shopping accounts online? Do you post family or personal photos to your social media pages or to the cloud? If so, you own digital assets.

If you suddenly have an accident or become too ill to handle your own personal affairs, a power of attorney can step in to handle things for you. But they can only do so much if you do not have a plan to handle the digital assets. Without a plan, your family could be buried in red tape for months, if not years, leaving your affairs in shambles.

What happens to your digital assets once you pass away? You could be leaving money and assets on the table that simply can’t be accessed without an incredible amount of effort by your loved ones. Sometimes those assets are of an emotional value, such as personal emails and family photos, and could be lost forever.

 

Rather than leaving your family or estate executor with a huge mess, use these tips to make sure your digital assets don’t get lost in the cloud forever.

What are Digital Assets?

Digital assets consist of any online account or file you store on your computer, smartphone or in the cloud. These accounts and files often require login information consisting of a username and password. Sometimes security questions are asked to verify your identity.

Types of Digital Assets

Here are a few of the digital assets to consider:

  • Financial – bank, investment and PayPal accounts.
  • Utility accounts
  • Healthcare – including medical history, prescriptions and insurance information
  • Photos, music, videos, books, artwork
  • Domain names and website hosting accounts
  • Personal and business email and mailing addresses
  • Shopping accounts
  • Cell phone accounts
  • Social media pages
  • Databases related to collectibles

Gather Login Information

The first step you must take is to create a list of login information for all of your accounts. Make sure to include the website address of the account, your user name or account number, password and any security questions or PIN numbers, if required.

Store Login Information Securely

Keeping your login information secure is critical. The simplest way is to create a password-protected document on your computer (make sure you back it up, too).

Even better – use an online password manager such as Dashlane or LastPass. Both companies offer encrypted security protocols to keep all of your login information safe. This also allows you to change passwords and update accounts without having to provide your executor with a new copy of the information each and every time you make a change.

Prepare Legal Documents

After you go to all of the work to gather your login information, don’t forget to share the information with your Power of Attorney or estate executor in case you can’t manage your own affairs. Click here to download a DIY General and Durable Power of Attorney, good in the state of Washington. Click here to buy a Will Kit (State of Washington). Both kits are available as instant downloads, or buy the print version, and we’ll mail to you.

Do We Offer Legal Advice? 5 Things Attorneys’ Information Bureau (AIB) Offers

We cannot offer legal advice, but our small team is ready to assist you with other services.

A common question we get when do-it-yourselfers come into our office is if we offer legal advice. Unfortunately, we do NOT offer legal advice. But here’s a partial list of what we do offer to both do-it-yourselfers and attorneys.

Help You Choose the Right Legal Form/Kit

Did you know…attorneys rely on us for legal forms and kits to fill in and submit to the court since we constantly keep all of the forms up to date per new court specifications?

You don’t have to be an attorney to use some of these forms. We also make a bunch of our legal kits available to non-lawyers, too. For non-lawyers, choosing the right kit to buy and fill in can save lots of time and money.

But you may have questions about which kit to buy. Many of our customers describe problems with tenants/renters (eviction kit), probate or civil lawsuit cases, and want to know which kit they need. Others want to know which divorce kit they need to fill out. We offer several to choose from, so tell us what the circumstances are, and we’ll recommend the right kit/forms. If you prefer to order our legal kits as an instant download, just call us at (206) 622-1909 to get an idea of which one is best for your needs, and then you can go to our website to order. Or head right to our Do It Yourself Legal Kits website by clicking here.

Lost? We Can Help!

Another common question we get is, “Where’s the clerk’s office?” We’ll gladly point the way, so stop by our window and we’ll give you directions. Our offices are located in Room C-603 of the King County Courthouse located at 516 Third Avenue in Seattle.

Retrieve Legal Documents

We have a legal researcher on staff who retrieves filed legal documents for a fee. Documents from King County as well as other counties can be retrieved, as long as the files have been uploaded online. We can then email the documents to you or messenger everything to your office. Here’s a list of the courts and other offices from which we can research and retrieve documents:

U.S. Federal Courts – District and Bankruptcy
Washington State Supreme Court
Washington State Court of Appeals
Superior Courts
District Courts
Municipal Courts
Auditor’s offices
Assessor’s offices
Vital Statistics
Law Libraries

If you’re an attorney, we recommend becoming a member, as our research fee is waived (a case access and per page copy fee still applies). Click here to find out how to become a member and to view the list of benefits.

Make Copies

If you’re an attorney who is a member of AIB’s Member Services, we offer access to photocopiers, computers and printers in our offices located in the King County Courthouse in downtown Seattle. You can also access our Wi-Fi and work in our office, so bring your laptop and wait out your next case in the courthouse in our comfortable office.

Notary Services

Once you fill in your legal forms, most require a notary signature. On your way to filing the documents with the Clerk, stop by our offices, and we’ll notarize them for you for a per document fee. We offer notary services Monday through Friday, from 8:30 a.m. to 4:30 p.m., although we are closed from noon until 1:00 p.m. each day.

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page.

Pre-Divorce: Preparing to Make the Announcement to Your Spouse

Do some pre-divorce groundwork, key to taking care of yourself.

Deciding to divorce your spouse can be a stressful and painstaking process. If you’re thinking about getting one, the key to getting through a divorce with your sanity still intact requires doing some groundwork before informing your spouse of the decision. Follow these pre-divorce tips to help make the road a bit easier.

 

Meet with a Financial Advisor

An article in USA Today recommends meeting with a financial advisor, especially if you haven’t been involved in your household’s finances. A financial advisor can help you create an exit plan that makes sure you have enough money to make ends meet once the divorce is finalized. They can also help you create a plan for surviving the divorce long-term, making sure you have enough money to pursue your goals and dreams.

 

Collect Paperwork

You’ll also want to collect paperwork, such as tax returns and bank and investment information, etc., so you know what assets are available. Tacoma and Pierce County Child Custody Lawyer Jason Benjamin suggests quietly gathering information before you tell your spouse you want a divorce so you get fair results when it comes to splitting assets. Click here to read Benjamin’s Tips on Preparing for Divorce.

 

Prep the Paperwork

The legal forms required to file a divorce can be completed without an attorney if your divorce is uncontested. We offer two types of kits for those filing in Washington state. One is a Divorce Forms Kit without Children, also referred to as a Dissolution Kit without Children. The other kit we offer is the Divorce Forms Kit with Children. Both kits contain all of the forms required in to file for an uncontested divorce. Each kit also contains instructions to guide you through the steps for filing the paperwork. Sometimes people buy one of these kits to get a better feel for what’s involved in a divorce and then hire an attorney to handle all of the legal paperwork.

 

Consider Hiring an Attorney

If your divorce is contested, you likely need to seek the services of an attorney. If you need to find an attorney, click here to take a look at the Family Law attorneys listed in our referral service. Before hiring an attorney, know what questions to ask so you find one with whom you can comfortably work. Click here to read our blog post about the questions to ask before you sign on the dotted line with a law firm.

Click here for tips on finding an attorney.

Landlord 101: What You Need to Know to Rent Property

Before you become a landlord, learn your rights as well as the tenant's to save trouble down the road.

Becoming a landlord sounds like a promising and lucrative venture. But before you buy a property or turn one into a rental unit, find out everything that’s involved. You might be surprised to find out that becoming a landlord is about a lot more than just gathering the rent checks and fixing a few things now and then.

Know What’s Involved

Do you really know what’s involved in becoming a landlord? You might be surprised by what you don’t know…and need to know. Check out this eye-opening article in Money listing 6 rookie mistakes to avoid when becoming a rental property owner. For starters, expect expenses to be higher with a rental unit compared to a residence. Depending on where you buy the property, you also could end up paying special taxes, higher insurance rates and dealing with inspections that could turn into major costs if not done properly.

Review Local Law

Before you start renting the property, review your state, city, county and municipal rights as a landlord. And don’t stop there! Knowing a tenant’s rights can save you lots of trouble down the road. Check out the resources we provide for tenants and landlords in Washington state in our recent blog post.

Always Screen Applicants

Before you sign a rental agreement with the tenant, engage in some due diligence. In other words, screen all applicants to determine their ability to pay the rent on time. Money Crashers suggests running a background check and contacting previous landlords to determine an applicant’s suitability. Click here to read Money Crashers’ full list of questions to ask and what to check for.

Be Ready for Eviction

No one wants to think about eviction, but it happens. Preparing and serving an eviction notice protects your rights as a landlord. We offer an eviction kit, complete with all of the forms you need to file and serve the eviction notice, at DoItYourselfLegalKits.com. Click here for more information about eviction kit – the kits are available as an instant download, or you can order a print version we’ll mail to you.

Prepare a Lease

Creating a simple lease agreement sounds easy. But an informative article at CBS News recommends hiring an attorney who specializes in real estate. That way, your rental agreement is in compliance with local and state laws and can’t be used against you when the tenant decides to leave. Click here to see our referral list of real estate attorneys.

 

DIY Legal Forms/Kits: 6 Tips for Using Legal Kits and Forms

DIY legal forms/kits make it easy to create and file certain types of legal documents.

Completing DIY legal forms/kits can save you thousands of dollars in attorney fees. We offer do-it-yourself legal forms for filing documents in the State of Washington. But we also offer a long list of attorneys in Washington state who can handle your legal matters. Why do we offer both?

Some situations require an experienced attorney who knows how to handle your situation, knows how to work the courts and can get the job done accurately. Otherwise, mistakes could be made that cause even bigger problems down the road.

But there are times when you can likely fill out and file DIY legal forms/kits on your own. Here are some of the advantages of using DIY legal forms/kits to solve a legal issue:

Save legal fees.

If you cannot afford to pay an attorney hundreds or even thousand of dollars or want to save $$, paying a modest fee for a form you fill in and file yourself can help keep your budget intact. Another option is to find free legal resources such as those mentioned in our recent blog post about resources available for civil legal problems in Washington state.

Handle matters faster.

Sometimes you need to act fast. Completing the form yourself can save time since you won’t need to wait for an attorney to find a spot in their schedule to meet with you and then handle the project.

Reduce an attorney’s time.

Filling out a legal form ahead of your meeting with an attorney could save you hours of the their billable time, resulting in a huge cost savings. If you feel unsure about how you filled out the form, always rely on an attorney’s expertise to finalize the job–you’ll still save money and have the satisfaction of knowing your forms are correct.

Helps you get organized.

Even if you plan to meet with an attorney, filling out the forms to the best of your abilities ahead of the meeting helps you organize your thoughts about your legal matter. You may also discover you need to bring other documents to the meeting with your attorney. This saves time having to send them separately or setting up another meeting to deliver everything.

Sometimes hiring an attorney is overkill.

Simple tasks such as filling in a straightforward will, power of attorney, health care directive or eviction notice requires little to no legal experience. If you find yourself questioning the form, though, consulting an attorney makes sense.

Download current forms from trusted websites.

One of the advantages of using our do-it-yourself legal kits and forms is because they’re up-to-date with current requirements mandated by Washington state judicial authorities. We stay on top of that, in part, thanks to our office located in the King County Court House in Seattle.

Our forms are available as instant downloads so you can start using them immediately. Or you can also order a printed version, and we’ll mail it to you within one to two business days. Visit doityourselflegalkits.com to see a list of available kits.

Estate Planning To Do List

No one wants to think about end of life issues. But right now is the time to jump into estate planning to make it easier on your family and loved ones in the event of your death. By engaging in estate planning now, you also have control of what happens to your property and other possessions so they are disbursed according to your wishes. Get started with these five estate planning tasks.

Write a Will

Without a will, you allow the state to call all the shots about how your estate is divided up when you die. If you still have dependents, the state also decides what will happen to them. Having a will alleviates these problems. We offer a do-it-yourself will kit for Washington state, complete with instructions, for those who have simple wishes for their estate. Choose from an instant download or request a print verson be mailed to you. We can also help get your will notarized at our office located in the King County Courthouse office. If you have more complex needs, hire a probate attorney. Click here to view the list of probate and estate planning law firms listed in our referral service.


Designate a Power of Attorney for Finances/Legal/Health Care

In Washington state, in the event that you are not available or incapable of acting on your own behalf or if you need health care decisions made for you, a General and Durable Power of Attorney with health care provisions, designating someone to make these decisions on your behalf is an essential document in your estate planning. The person you choose can be an attorney, a family member or a close friend who you trust to make decisions on your behalf. Since this form can be easily completed on your own, we offer a do-it-yourself General and Durable Power of Attorney legal kit for Washington statey, available as an instant download or as a print version. Always seek the advice of an attorney if you need help completing the forms.

Choose Health Care Directive

You also need a Health Care Directive (Directive to Physicians/Living Will) to instruct your physician and/or health care providers on your intentions as to organ donation and whether or not you want extra-ordinary life sustaining care such as feeding and breathing if your are in a terminal condition. This legal form can be easily completed on your own, so we offer a do-it-yourself Health Care Directive (Directive to Physicians/Living Will) legal kit for Washington state, available as an instant download or as a print version. If you spend part of your time living in another state, make sure you have a Health Care Power of Attorney for that state, too. Always seek the advice of an estate planning attorney if you need help completing the forms. Click here to view our list of probate and estate planning law firms listed in our referral service.

Gather Estate Planning Documents

Your family and attorney need to know the whereabouts of your important paperwork, such as birth certificates, marriage licenses, property deeds, life insurance policies, contact lists and financial information. Otherwise, if they must search your entire home or arrange to get copies of these important documents, it could take them months to close your estate. Paäge et Cie, experts at organizing and managing important documents, has created a  checklist you can download for free. The checklist provides a thorough list of all of the documents you need and includes space for keeping notes about the location of each piece of paperwork.

 

Choose an Executor

An executor, also known as an administrator, settles the debts you leave behind and disburses your property and possessions according to your will. An attorney can act as your executor while also helping with various aspects of your estate before you die, including writing wills, helping you set up a power of attorney and safekeeping important documents needed to settle your estate. Click here to view the list of estate planning law firms we work with. See our recent blog post, Questions to Ask A Potential Attorney or Law Firm Before You Hire Them.

Resource for serving documents in a divorce case

Going through a divorce or dissolution of marriage is no one’s idea of fun. The good news is that you can keep costs down by completing and filing your own documents in an uncontested divorce. Plus, we found a great resource for learning how to serve the opposing party in your divorce.

First, our Washington State Divorce with Children Forms Kit (also known as Dissolution Forms Kit with Children) is a do it yourself divorce legal form kit containing all of the Washington state divorce documents you need, with instructions, to guide you through the divorce procedures, including development of a Parenting Plan and Child Support Orders, in an uncontested divorce.

Our Washington State Divorce Forms without Children (also known as Dissolution Kit with Children) is a do it yourself divorce legal form kit that contains all of the divorce forms in Washington state you need, with instructions, to guide you through each step in dissolution of marriage procedures in an uncontested divorce.

Now, there’s one more thing you must do. When you file family law court documents, you must also serve the opposing party the proper way. Otherwise, judgment in your case may be delayed.

We found a very helpful resource from WashingtonLawHelp.org that explains exactly how to serve documents. Download their free PDF How to Serve the Opposing Party in Your Family Law Case to learn why you must serve the opposing party via personal service, mail or publication. The page also explains what to do if you cannot find the opposing party and provides links to a self-help packet you can use to ask court permission to serve the other party by mail or publication.

 

Domestic relations forms updated in WA state

As required by law, DoItYourselfLegalKits recently updated a handful of legal kits and forms that underwent substantial changes.

The Access to Justice Board’s Pro Se Project converted WA state’s domestic relations forms into plain language to make it easier for non-lawyers to complete and file documents. These new family law forms MUST be used in any domestic relations cases filed after July 1, 2016.

If you started legal proceedings before this date, you still need to use these new forms, or the judge may request corrected paperwork, resulting in a delay in your case. DoItYourselfLegalKits has these new forms/kits available on our website at http://doityourselflegalkits.com./kits.html