1. What Is a Lemon Car?
2. Lemon Laws and Requirements
3. What If You Purchase a Lemon Car?

Buying a car can be an exciting event. But how discouraging it can get if a long-awaited car turns out to be defective. When it comes to a used car, a person buying it is usually very cautious, inspecting its ins and outs. However, a car rolled off the assembly line may also hide serious malfunctions. In this article, we are taking a closer look at what a lemon car is and what a person should do if they end up with one.

What Is a Lemon Car?

First, let’s define a lemon car and why it’s called “a lemon.” Imagine you’ve been envisioning a particular car since your college days, and finally, you are in a position to purchase this brand-new model from a dealer. However, to your dismay, the motor vehicle starts to malfunction after just a few trips. The disappointment you experience is akin to the sour, unpleasant taste of biting into a lemon.

A “lemon” car is one that harbors multiple or one substantial defect, which substantially impedes the vehicle’s safety, usability, or value and persistently resists repair within a specified number of attempts or within a certain time frame. In essence, if you acquire a brand-new car that suffers from a significant, seemingly irremediable defect, you’ve unfortunately bought a “lemon.” The defects that qualify a car as a lemon often relate to critical components like the engine or braking system, which, when flawed, make the vehicle operation a safety hazard. However, minor comfort or aesthetic design flaws do not typically qualify a vehicle as a lemon.

So, what should you do if your brand-new car turns out to be a lemon? Thankfully, you’re not without recourse. Both federal and state levels provide lemon laws to safeguard consumers. The lemon law is designed to protect you, offering a pathway to resolution should you find yourself in possession of a lemon car.

Vehicle-Related Legal Forms

Knowing vehicle-related federal and state laws is crucial to protect your rights and secure yourself from buying a malfunctioning car. And it’s always better to have quality legal templates to create lawyer-approved documents. They may help you to keep track of and gather all the necessary vehicle paperwork.

Lemon Laws and Requirements

The federal lemon law aims to protect consumers in the event that they purchase a defective vehicle. This law, also known as the Magnuson-Moss Warranty Federal Trade Commissions Improvement Act (1975), applies to car safety defects.

According to the Magnuson-Moss Warranty Act, if a new vehicle has a factory defect but is still under the manufacturer’s warranty (usually 1-2 years), it’s the manufacturer’s liability to fix this issue. Usually, a vehicle is considered a lemon if the automaker tries to eliminate the defect within 30 days or in four attempts and fails. After that, the car becomes subject to immediate redemption by the dealer. In addition to the car’s purchase price, the dealer is obliged to refund all the taxes the consumer pays, including the registration of the car with the local Department of Motor Vehicles.

Apart from the federal law, each state has its own lemon laws. As a rule, state lemon laws complement the federal ones; some states, such as New Jersey, Washington, and Rhode Island, offer detailed regulations specifying the number of car repair tries and a period for defect elimination. Other states, like California and Alaska, use the term “reasonable number of repair attempts.”

Does a lemon law cover used motor vehicles?

A lemon car usually refers to a brand-new car still under warranty but with a substantial defect. However, some states also provide regulations for used cars purchased from dealers. For example, you may refer to lemon laws in Massachusetts and New York if your used car is under 15,000 and 18,000 miles, respectively.

As a rule, lemon laws apply to a used car bought from an authorized dealer and are covered by a warranty period. You cannot apply lemon laws if you buy a used car from a private party. Generally, the laws are similar for both new and used automobiles. The main difference between new and used car lemon laws is that a person buying a brand-new lemon vehicle must appeal to vehicle manufacturers, and a person buying a used lemon car must appeal to dealers to fix the issue.

Does the lemon law apply to leased vehicles?

It’s essential to realize that lemon laws aren’t just applicable to purchased vehicles; they also extend their reach to leased vehicles. The core intent of these laws is to provide consumer protection from defective vehicles that fail to meet certain quality and performance standards.

Now, every state’s lemon laws might vary, but they typically cover new cars within a certain period or mileage after the lease begins. For instance, if your leased vehicle develops a significant defect that the dealer cannot fix within a reasonable number of attempts (usually three or four), you might have a lemon on your hands. The problem, however, must substantially impair the use, value, or safety of the vehicle.

One should be mindful that it’s not just any minor defect that can trigger a lemon law claim. The issue has to be significant. Perhaps the engine continually fails, the brakes are defective, or the steering mechanism is faulty – these are instances of substantial defects that could warrant a claim.

In the event that your leased vehicle qualifies as a lemon, there are usually two primary remedies available to you: replacement or repurchase. Replacement involves the lease company providing you with a new, comparable vehicle, while repurchase involves refunding the amount you’ve paid toward the lease.

Documentation is crucial to supporting a lemon law claim. Keep meticulous records of all repair attempts, communications with the dealership or lease company, and the impact of the defect on your use of the vehicle.

What If You Purchase a Lemon Car?

So, what if life has given you a lemon in the form of a car? Can lemonade be made out of the dud? Fortunately, federal and state lemon laws allow you to claim a replacement or get your money for the vehicle back. Follow the next steps to get rid of your lemon vehicle successfully.

#1. Talk to the seller

It would be best to act fast when you realize your new vehicle is a lemon. First, you must address the dealership or manufacturer and explain the problem. As a rule, they must make all the repairs under warranty. If the problem does not disappear, you must apply the lemon law and start the buyback process.

#2. Check the state lemon law

You must be aware of the lemon law applied in your state. As mentioned above, there may be different requirements regarding a certain number of vehicle repairs or which cars can be considered lemons. If your state does not provide protection in this matter, you should not worry—you can always seek help on a federal level.

#3. Keep track of your actions

Keeping track of all your actions and good records, including repair orders and a vehicle history report, is a must, as it helps to pursue legal action later. This will ensure that you have evidence of trying to fix the necessary number of times and during the required period. It’s also crucial to send a formal letter to the manufacturer specifying the issue and your actions and indicating that the same problem continues to pop up anyway. The letter should also explain your intention to get a refund or replacement vehicle according to the state lemon laws.

#4. File a consumer complaint

Suppose the dealer or automaker fails or refuses to fix your problem with a defective car. In that case, you must ask for mediation through the National Automobile Dealers Association or file a complaint with the National Highway Traffic Safety Administration (NHTSA).

If the manufacturer rejects any claims, you are recommended to find a lawyer or a dispute resolution organization specialized in such a matter and go to a small claims court. However, a lawsuit is considered a last resort since such lemon law cases are usually resolved through arbitration.

#5. Get a refund or replacement vehicle

As a rule, the law is on the side of the consumer, and the automaker must repurchase or replace the defective vehicle. In the first case, you will be refunded the money, including the car’s price and any additional charges. In the case of the replacement, a consumer gets an identical vehicle but fully operational.

How to Avoid Buying a Lemon Vehicle?

When it comes to brand-new vehicles, it can be challenging to identify hidden malfunctions. The best thing to do is to check the overall reliability of the car’s model and make. Some brands and models tend to get into the lemon category more often than others. A typical example is the Dodge Dart (1963-66). Such brands as Toyota and Lexus manufacture more or less reliable cars.

Malfunctioning used cars are easier to distinguish. For example, you can request a vehicle history report, inspect the car’s interior and exterior, and look for technical service bulletins (TSB) and auto recalls. You are encouraged to take your time when selecting and buying a vehicle.

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Why Do People Indicate Lower Prices in Bills of Sale?

There are several reasons why buyers and sellers might want a lower bill of sale price. There are benefits for both parties, most of which can save them money in the long run. The price indicated on the document is used for:

• Tax purposes
• To show a change in ownership
• To indicate the actual sale price
• For inventory purposes

Of these, the most common reason for such a request is reducing taxes due to be paid. When buyers have legal documentation, like a bill of sale, stating that they spent less than they did, they are left to pay fewer taxes on their purchase. The buyer is not the only one to benefit, leaving the seller bringing in less overall revenue and reaping the same benefits of tax deductions.

What Are the Consequences of Such Actions?

Due to the legality of the instances mentioned above for sale documentation, the parties should consider options before agreeing upon an amount lower than the actual sale. Unless there is some audit triggered by incorrect filings or paperwork, neither buyer nor sellers will have to worry about consequences. On the contrary, if questions or doubts come about from the bill of sale’s final amount, there could be unwanted consequences.

For instance, if one is to purchase an item for a higher amount, they might face penalties if it is discovered that the regular sale price is listed for less. These could add up to hefty dollar amounts that are difficult to pay. Another unfavorable consequence could be that if the buyer decides to resale, they won’t have proper legal documentation to prove the actual amount they paid.

Real-Life Cases

While there are benefits to documenting a lower price in the bill of sale when purchasing an item, it is not always a good idea. Before deciding to register a different amount, it is recommended to check the laws in the state in which you reside and how they deal with sales taxes. Below are a few real-life cases showing their use of a lowered bill of sale prices.

Ken wrote, “We get such requests all the time from international customers. They want us to lowball the invoice, so they don’t have to pay the full import duties and taxes. Once you use the term “fraudulent,” they usually back off.” In this case, the seller lets the buyer know that it is legally noted as a fraud on all parts if it is caught.

James claimed, “I have done this a few times, and so have my friends and all no problem. My buddy bought the WRX for $15.5k and wrote down $500.” At the end of both cases, each party signed off on a lower sales price. It could wind up going well for both parties but could possibly be subject to penalties if discovered later on down the road.

Susan stated, “If you put down a really low price, you’d better have a story in case there’s a teacher’s pet behind the counter.” As mentioned above, most cases and possible penalties come about only when the buyer and seller get caught. Lowering the purchasing price for tax purposes might be great initially but could cause issues later on down the line.

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1. What is a Living Will?
2. What is a Power of Attorney for Healthcare?
3. Living Will vs. Medical Power of Attorney
4. Which Option to Choose?

When it comes to legal documents, it can get pretty confusing keeping them straight. Forms like the power of attorney and living will act differently, so it’s essential to know and understand how they work and what the differences are.

Take a look at the similarities and differences between these two documents and their definitions below.

What is a Living Will?

Many people hear the term “will” and automatically assume that it’s the document that designates how the estate is handled when someone passes away, namely the last will.

However, a living will is a little bit different. While this document might still cover some of those things, it’s primarily used to designate specific care while a person is living. A living will delegates how your health care is handled in the event that you are no longer able to care or communicate for yourself in the matter.

Living wills can be very specific, but they can also cover only general information. The latter is typically used to provide an advanced health care directive for the individual based on their wishes, including whether they want to be resuscitated or allowed to live on life support.

What is a Power of Attorney for Healthcare?

A power of attorney may overlap a living will or work in coordination with it. Some people will use both, and some people will choose to use only one of them.

A power of attorney for healthcare designates a specific individual to make health care choices on your behalf if you are incapacitated or cannot communicate and make choices independently.

A power of attorney for healthcare may still contain some specific directives, but it typically leaves the power to make decisions to the appointed attorney-in-fact.

Living Will vs. Medical Power of Attorney

The primary difference between a living will and a medical power of attorney is how they are handled. A medical power of attorney is generally appointed to an individual or an agency. On the other hand, a living is more directive but may have a person designated to oversee the objectives.

Let’s take a look at some key similarities and differences between the two documents.

1. Effective Date

Both the living will and the medical power of attorney become effective under the same circumstances. They both are effective as of a date that a medical professional declares a person unable to handle their own health care decisions.

The circumstances leading up to this could vary. It may be the cause of a disease that leaves you unable to make sound decisions, or it may be because you cannot physically communicate with others about your wishes using verbal, written, or hand gestures.

2. End Date

The living wills and healthcare power of attorneys do not end the same way.

Healthcare power of attorney ends upon the death of the individual under its care. The only exception to this may be a limited allowance to handle the disposal of remains, organ donation, or autopsy, which differs by state. Otherwise, when a person dies, the medical power of attorney they had created immediately ends.

A living will is automatically terminated immediately upon your death. You can also revoke it while you are living if you are of sound mind to do so.

There are circumstances, such as divorce, that also can revoke a living will or health care power of attorney. If your spouse is your designated agent and a divorce ensues, an alternative individual may need to be named for those circumstances.

3. Main Components

While the living will and healthcare power of attorney are very similar, they are not the same and often contain different details.

A living will can be specific in the sense that you dictate your wishes in the event of a specific scenario, illness, or incapacity. However, you will most likely not cover every single situation that could arise. A living will almost always touches on health care directives, such as life support and resuscitation directions.

In contrast, a power of attorney for healthcare may cover some specific directives. Still, it rather simply designates a person of your choice to make medical decisions on your behalf if you cannot do so.

Both documents should contain legal explanations of capacity and allowances and any named individual.

Which Option to Choose?

When it comes down to making a final decision about which option is right for you, it is entirely up to you. Keep in mind that a living will can be broad and most likely will not cover every medical situation. It’s a good idea to use both documents if you have concerns that something is not covered in a living will. Also, some states have a combined form, usually called an Advance Directive, which includes both documents.

The healthcare power of attorney is designed to appoint a trusted individual to make healthcare decisions on your behalf when you no longer can. This should be an individual that you trust to make decisions. It’s advisable to have conversations with them about what you would like to happen should something unpleasant happen.

You can use both a living will and a health care power of attorney, and they will simply coordinate together to make sure your medical needs are taken care of when the time occurs.

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1. What is a Last Will?
2. What is a Living Trust?
3. 8 Main Differences Between Trusts and Wills
4. How to Choose the Best Option
5. Is it Possible to Have Both?

Estate planning is one of the vital things a person can initiate to provide a safe future and financial security for their relatives and loved ones. When thinking about making an estate plan, the person needs to consider many crucial aspects to decide what is suitable for their property and assets. Therefore, an important question to navigate is which option between wills and trusts is right for you.

There is a significant difference between the two estate planning documents, and each has its fair share of advantages and drawbacks. Thus, it is imperative to make an informed decision that can benefit your family the most after you are gone.

What is a Last Will?

A last will is a written document that expresses the testator’s final wishes regarding the handling of their financial affairs, assets, and property. This includes assigning an executor, naming the beneficiaries, appointing a guardian for young children, and allocating the assets to friends, relatives, and charitable institutions.

A will becomes effective in an estate transfer and other legal matters only after the person’s death. In addition, all wills have to go through the probate process–a court process where an authorized court administrator examines the will and approves the execution of this legal document. The probate process allows the beneficiaries to receive their inheritance.

What is a Living Trust?

A living trust is another approach to estate planning that provides lifetime and after-death management of the property. Living trusts are of two types:

• Revocable living trusts: Can be altered by the person making the trust at any time.
• Irrevocable trusts: Once made, they cannot be altered.

The person creating the revocable living trust is called a grantor or primary trustee. They can transfer any of their assets and property to the trust, making it the trust property. The grantor has complete control over the assets and the property placed in the trust during their lifetime and can assign a successor trustee who will administer the trust’s assets according to the grantor’s wishes after death. A trust becomes effective as soon as it’s signed. Living trusts also name the beneficiaries to the assets set aside in the trust. Creating a living trust allows a person to avoid probate.

8 Main Differences Between Trusts and Wills

As mentioned above, there is a significant difference between living trusts and last wills. Here is a quick analysis of some of the points that may help you make a better decision about your estate planning.

1. Effective Date

A last will is effective in an estate transfer only after the decedent’s death. On the other hand, a living trust comes into force as soon as the grantor signs it.

2. Probate Process

The execution of a will requires the intervention of probate court to ensure that the decedent’s final wishes are duly carried out. The court system that mandates probate ensures that the deceased’s assets and property have been passed on to living individuals. At the same time, one can avoid probate by creating a living trust because the ownership of the property is transferred to the trust during its creation.

3. Guardianship of Minor Children

In a last will, the testator can assign a legal guardian to care for their minor children after their death, whereas guardianship cannot be assigned in a living trust.

4. Privacy Concerns

A will becomes a public record after the decedent’s death on account of the probate process. This means that anyone can go to the probate court and have access to this legal document.

On the contrary, a living trust is a private affair and can only be accessed by the successor trustee and the beneficiaries.

5. Disinheritance

When it comes to the last will, minor children are legally protected from disinheritance. Spouses cannot be completely disinherited in accordance with the community property law or elective share statutes. However, you can disinherit your spouse by signing a prenuptial or postnuptial agreement and waiving your rights to each other’s property. As per the disinheritance of adult children, it needs to be explicitly stated in the will’s terms.

On the other hand, it is relatively easy to disinherit your children and spouses in the case of living trusts. You can simply include a provision in your living trust stating disinheritance of your children, spouse, or another family member.

6. Expenses

The costs involved in making a will are reasonably low, but the actual expenses arise after the testator’s death as the probate process requires considerable time and money.

Meanwhile, setting up a living trust is much more complicated and expensive and usually requires the help of an attorney.

7. Witnesses

A will requires at least two witnesses to be present during the time of signing of the document. In contrast, the signing of a living trust does not require the presence of any witnesses, only a notary public.

8. Instructions for taxes

You can leave instructions regarding the payment and management of your taxes when preparing your last will. However, it is not advisable to do so in the case of a living trust.

How to Choose the Best Option

There are many considerations involved when choosing between wills and trusts. It mostly depends on specific individual circumstances, including your estate’s size and the need for a guardian for your minor children.

That’s why it is essential to understand the advantages and disadvantages of the two documents before making the right choice.

Last Wills

Advantages of Wills

The advantages of wills are:

• They are relatively easier to create.
• They can include guidelines on caring for minor children and pets by appointing guardians.
• They allow the testator to distribute their assets according to the testator’s wishes.

Disadvantages of Wills

The disadvantages are as follows:

• Wills are subject to the probate process, which can be lengthy and expensive for the deceased’s family.
• Wills may be subject to federal estate tax and income tax.
• Wills become a matter of public records after the testator’s death.

Living Trusts

Advantages of Living Trusts

The advantages of a living trust are:

• It can contribute to avoiding probate if the trust document is created during the lifetime of the grantor.
• The privacy of the grantor’s affairs is maintained.
• It allows the grantor to leave the assets to anyone they wish to.
• The living trust documents allow a successor trustee to take over in case the grantor becomes mentally incapacitated.

Disadvantages of Living Trusts

The disadvantages of a living trust are:

• It is complicated and costly.
• It may be subject to a breach of fiduciary duty by the successor trustee because of the absence of court oversight.
• It requires active management of the estate.
• Guardians cannot be assigned for underage children.

Is it Possible to Have Both?

All individuals should create a last will, but not everyone might need a revocable or irrevocable trust. The need to create a living trust depends on the individual’s age, wealth, and possessions. While last wills and living trusts are separate legal documents of estate planning, having both of them for your estate might not be a bad option. If an individual has a considerable estate, innumerable properties, and young children, it might be advisable to have both a last will and living trust in place.

Neither will nor living trust helps you reduce estate tax. Most estates do not owe this property tax. So, it is always a good practice to assess your situation, weigh the advantages and disadvantages of both will and living trust, and then make an informed decision.

A will and trust can ultimately ensure that your assets and personal possessions are disposed of according to your discretion. It’s recommended to consider your circumstances and create a personalized estate plan, which will help your family and loved ones in the long run.

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What Is a Bill of Sale?

A bill of sale is a legal document used when an item exchanges ownership between two parties. In some cases, it is used for record-keeping and serves as a receipt of the purchase. In other circumstances, like the purchase of a motor vehicle, it has more value, becoming a part of the required documentation package together with the title and registration. A new vehicle buyer should be cautious of purchasing vehicles from a private party and only sign documentation and exchange funds when a bill of sale template is completed.

Using a Bill of Sale to Get a Vehicle Title

Getting a hold of a vehicle title is difficult. Because it shows ownership of a vehicle, agencies must make sure that there is no foul play or that the vehicle in question is not stolen before signing over a new title. People are not ideal and can lose a document due to many circumstances, including damage, robbery, fire, or misplacement. Buyers of a new car can get a title for their new vehicle using a bill of sale, and here’s how.

1. Check State-Specific Instructions

Each state has its way of handling the buying and selling of motor vehicles. Before finalizing any motor vehicle purchase, buyers and sellers should check the specific details outlined in the state legislation. Buyers can consult specifics on how to go about filing for a title for a vehicle. In most cases, buyers can request a new title with the vehicle identification number (VIN) and an odometer reading.

2. Visit your Department of Motor Vehicles

Understanding how the state in which the buyer resides processes a request for a new title helps a lot. In most cases, the buyer should go to their local State Department of Motor Vehicles, ensuring that they have the bill of sale, VIN, odometer reading, and at least two forms of identification. Some states will ask that you handle requests with the Treasury office instead, but the majority will at least point you in the right direction. During this process, the DMV will ensure there is no suspicious activity with the vehicle before proceeding.

3. Surety Bond

Once you start obtaining a title for a motor vehicle, the DMV will supply insurance and the amount of the payment you should make to secure the car. It helps keep the buyer out of a big mess if the vehicle happens to be involved in some legal problem.

4. Get a Bond Title (Fast!)

After you have the surety bond, you can make moves and quickly file for a title bond. It is a form that states that the buyer owns the vehicle, as they are the one who is requesting the new title. This form will show that the new buyer is the owner, confirming that the surety bond matches that of the DMV request.

Messy, But It’s Worth It

Securing a title for a vehicle purchased without one is not an easy process. It is more difficult in some states than others, and some allow you to use the bill of sale and follow a few procedures. Though it seems like a lot of back and forth with the DMV (and paperwork, too), it is worth it. The buyer of any vehicle must secure a title, as they can register the vehicle and have the right to sell or trade it when it comes time for a new one. When a buyer is in the market for a new vehicle and looking to buy from a private owner, they should:

• Always insist on a title
• Secure a surety bond and immediately take the proper steps to get a bonded title
• Work closely with the DMV to get a new title
• Never sign documents they do not read thoroughly or understand

Buying a used car can be a rewarding process, with the vehicle coming out much cheaper in the long run. It is a fairly straightforward process, especially if all parties correctly fill out the paperwork needed, including a bill of sale, and pass over the title. If you find yourself in a situation where there is no title, you can still purchase a vehicle, securing the title shortly afterward.

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1. Who Has the Right to Contest a Will?
2. What Are the Legal Grounds for Contesting a Will?
3. How to Contest a Will
4. What Happens if a Will is Contested Successfully?

Losing a loved one can be the hardest thing in the world. Finding out you’ve been left of the will can also be extremely difficult because you might feel like you’re not getting what you deserve or what you should be given from the deceased person. You might be considering contesting the will.

If you believe there is a problem with the last will, you can try to rectify the mistakes by contesting the will. Try not to make your grief or experience harder than it should be if you find out the assets are not divided how you expected. Learn everything you can about the contesting process to see if it can help you.

Who Has the Right to Contest a Will?

Not everyone has the right to contest a will. Before you begin the process of contesting the will, you need to make sure you have the legal standing to do it. In most states and cases, you have the right to contest the will if:

• You would be an heir if there were no will. This includes spouses and children. Sometimes it also includes parents, siblings, and other relatives.
• You are the beneficiary of the current will.
• You were the beneficiary of a prior will.
• You are the beneficiary of a newer will after the one in question.

If you aren’t any of the people listed above, you typically don’t have the grounds to contest a will. The court has put a process into place where only certain people can contest a will to protect the estate and property of the deceased person. Keep in mind that even if you are one of the people above, contesting a will successfully is actually pretty unlikely.

What Are the Legal Grounds for Contesting a Will?

Once you have determined you have the right to contest the will, you will need to determine the legal grounds. Sometimes if the will simply isn’t fair to you, it doesn’t give you complete grounds to contest the will. There has to be a real legal reason for wanting to change or fight the will, such as the following.

1. Last Will Wasn’t Signed per Applicable State Laws

Each state has different laws about how a will should be signed. Usually, the will has to be signed in the presence of at least two witnesses. Everyone has to be in the same room at the same time and watch the person as they sign.

If you know the will wasn’t signed following the correct laws, you can describe how the will is invalid. Failing to sign is one of the main reasons why wills are contested.

2. Testator Lacked Testamentary Capacity to Sign a Will

This happens when a person does not understand their estate and property values or does not have the right mental capacity to sign a will. It can also happen if the person does not understand the full legal effect of signing a will.

For example, if a person was showing signs of dementia or other mental health issues, they would lack the correct testamentary capacity to sign a will. However, the rules vary by state. In some states, the court says that people with dementia can still understand the parts of a will and sign it with the required mental capacity.

If you know your loved one should not have signed the last will, you might need to check with their doctor and see if there was a formal diagnosis of dementia or something else that could have affected their mental capacity.

3. Testator was Unduly Influenced

If you know your loved one experienced nagging, threats, or verbal abuse to try and get them to sign a will, you will have the right to contest the will. You will need to talk to your loved one’s attorney and see if there was any pressure put on them to sign the will.

This can also include someone paying them or isolating them from their friends and family.

4. Last Will Was Procured by Fraud

This sometimes happens when the testator is given a document such as a power of attorney or a deed form to be signed. However, that person could be tricking them and actually giving them a will. Sometimes older people are more likely to be tricked because of their age or health problems.

If you know that your loved one signed a will and thought it was something else, you need to bring it to the attorney’s attention.

How to Contest a Will

Once you have decided that you have standing grounds to contest a will, you will need to start the legal procedure. The procedure can be lengthy, so you will need to start it right away because most states have a statute of limitations. Check with your state or the lawyer you are partnering with to see the statute in your particular state. You will lose your right to challenge the will if you do not file the papers before the deadline.

Step 1. Consider the Options

Before you start contesting a will, you need to consider the options and see if it’s worth the hassle and money. Hiring an attorney can cost thousands of dollars, which might be more than what you plan to receive from the will. Always weigh the pros and cons before contesting the will.

You also need to consider what lawyer you will use carefully. They will make or break the case, so make sure you get someone with experience in wills and probate courts.

Step 2. Get the Copy of the Will

You will need to get a copy of the will and be able to show it to the court and judge. You also need to get a copy of the will so you can review and determine the mistakes or other errors that are in the will.

Step 3. File a Claim with the Probate Court

Claims are usually filed in local and state courts. You have to file the claim in the county where the will-maker died. The court will then give you all the forms you need to file with the will. Make sure you fill out all the forms correctly and submit all the paperwork you need.

Step 4. Present the Case in the Court

Once you file all the paperwork, you have to appear in person and provide evidence to the court of why you are filing the claim. You will have to answer questions under oath and give testimony.

Step 5. Wait for the Decision

You will have to wait for the court to make a decision. If the contest of the will is successful, you will be handed over control of your claimed assets.

What Happens if a Will is Contested Successfully?

If a will is contested successfully, it will be overturned and become invalid. If there is a previous will, that last will is going to stand in its place. If there is no other last will, the testator will be considered dead intestate (without a will).

The court may also decide how much of the estate and assets you will be entitled to. If you get real property as a result, you will have to ensure the title paperwork is done correctly later.

What If You Contest the Will and Fail?

If the evidence is not strong enough and the will is not contested successfully, the current will remains the standing one. That means whatever is written in the will goes to the people stated in the will, and the assets will be divided.

Some states have a time limit on will contesting, which starts after the testator’s death. It is called the statute of limitations, and for example, in Illinois, this limit is six months, and in Tennessee, it is two years.

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1. Three Common Ways to Create Your Own Will
2. Nine Simple Steps to Making Your Will
3. Why Making a Will Is Important?
4. Common Terms Used in Wills
5. How Much Does Preparing a Will Cost?

A last will is a legal document that lays down the distribution of your significant assets, liabilities, and property and appoints guardians to care for your children in case of your death. Your estate plan will protect you, your family members, and your legacy. It is one of the most fundamental parts of estate planning that really helps in the probate process.

A well-written and duly prepared will allows for protecting your assets, surviving spouse, and heirs after you pass away. By explicitly outlining your estate plans in a legally binding document, you can rest assured that your wishes will not be ignored.

Writing a basic will can seem like a daunting task, but we can help you find out how to make a simple will in this complete guide.

Three Common Ways to Create Your Own Will

1. Using an Online Service or a Will-Making Platform

This is an easy and cost-effective way to draft a simple will. FormsPal is a reputable online service that can give you access to lots of legal forms and a last will and testament maker and instruct you on how to make your will legally valid and in accordance with state law.

You can also set up a medical power of attorney at the same time as you create your will, customize it to your needs, and make it state-specific so that it cannot turn out legally invalid.

2. Writing a Simple Will Yourself

Although handwritten wills (known as holographic wills) are still permitted in some states, it is always preferable to write your last will and testament in a typed document to avoid any trouble with the probate.

3. Using a DIY Will Kit and Online Templates

You can make your will with the help of physical DIY will kits or templates. However, these kits cost money and are paper-based, meaning they are limited in the number of times you can fill them out and are more difficult to change than their online alternatives.

You can use a last will template we offer if you want to fill the document out yourself. It contains all major sections a proper will should have and comes in PDF and Word formats.

Nine Simple Steps to Making Your Will

Making a will is a major life event, and a basic will should reflect your wishes unambiguously. A will must be prepared in a sound mind, without compulsion, and according to your state laws. The following steps will ensure that you won’t miss any vital details when creating a will.

1. Designate an Executor

A spouse, adult child,  trusted friend, or a professional attorney can serve as an executor who will administer and execute your will the way you envision it. Such a personal representative will handle the distribution of your property and assets and communicate regularly with the beneficiaries.

Also, the probate court usually supervises executors to ensure the will is duly executed and all the deceased’s wishes are fulfilled.

2. Name the Beneficiaries

Your beneficiaries will inherit the assets after your death and may include your spouse, children, relatives, and close friends, among others. You need to specify the full names of your beneficiaries in order to avoid any uncertainties.

You can also assign even charitable organizations as beneficiaries if you wish to donate a part of your estate for a good cause.

3. Establish a Guardian for Your Minor Children

Your estate planning should contain this clause if you have young children. Providing for your child’s care in the sudden event of death is part of being a good parent.

Consider all your options before assigning a guardian for your children. You should take into account their financial capabilities, values, beliefs, and parenting style.

4. Organize and Designate Your Assets

Organizing and designating your assets will simplify the process of listing them in your estate planning document. You can identify your beneficiaries for accounts such as life insurance policies and make things easier for your representative. Your assets can include:

• Real estate property
• Retirement accounts
• Cash-checking and savings accounts
• Business ownership
• Personal items
• Coveted possessions
• Family heirlooms
• Stocks, mutual funds, bonds, or other investments
• Intellectual property

5. Get Witnesses to Sign Your Will

The witnesses you select for your will should not be beneficiaries and should be of legal age. Have at least two witnesses sign the will.

6. Sign Your Will

A written will is not legally valid unless it is signed and dated by the person writing it. The will should be signed in the presence of at least two witnesses. In Louisiana, you will also have to notarize your document.

It would also be beneficial to execute a self-proving affidavit, which is a notarized document that attests to the validity of the will made by the will-maker.

7. Write a Letter With Your Will

An accompanying letter with your will may help you say some final words of love and encouragement to your dear ones. The letter can also come in handy if the will has ambiguous statements in it, and the court needs to understand the deceased’s intentions.

It is essential to mention that the letter is an expression of sentiment that can explain why the beneficiaries have been bestowed with particular possessions or property of the testator.

8. Store Your Will Safely

The probate process usually requires the court to have access to the original will before processing it. Storing your will in a safe place, therefore, becomes imperative. Avoid keeping it in a safety deposit box in a bank where accessing the document would require additional authorization.

It’s an excellent option to store your will in a legacy drawer, a waterproof and fireproof safe that can be installed in your house.

9. Update Your Last Will as Needed

Keep revisiting and reviewing your will once every 2–3 years as your life and circumstances keep changing.  The reasons to modify your initial will may include things like:

• Getting divorced or married
• Starting a new family
• Inheriting or acquiring a new business or property
• Evolving relations with an existing beneficiary or a new person
• Demise of your executor or beneficiaries

If the changes you need to make are minor, it is recommended to use a codicil and attach it to your will. But if lots of things have to be changed, it is better to draft an entirely new will.

Why Making a Will Is Important?

Making a will should be on your to-do list because it provides security to your family and loved ones in case of your sudden death. An executor or personal representative can ensure that your estate is managed while your loved ones are still grieving.

Your estate planning can also address critical matters like deciding on a guardian for your children and distributing your finances amongst the beneficiaries. It can also help you reduce the tax burden when you provide gifts and donate to charitable organizations via your will.

The primary intention behind making estate plans is to ensure that your family is protected and does not run into any complications in the absence of a legally valid will. If you do not make a will and die intestate, the responsibility falls on the state to oversee the disposal of your property and assets.

Common Terms Used in Wills

You might be unacquainted with some terminologies required in creating your will. Understanding these legal terms used in wills can help through the process.

• Testator: A testator is a person who is making a will.
• Beneficiary: A beneficiary is anyone who receives any inheritance under a will.
• Intestate: When a person dies intestate, it means they die without making a will.
• Executor: An executor is a person in charge of distributing the estate of a will after the testator’s death.
• Guardian: A guardian is a person whom a testator has assigned in a will to care for the minor children.
• Probate: Probate is a legal process through which the court examines, approves, and enacts the terms of a will.
• Estate planning attorney: An estate attorney addresses all concerns of a specific person regarding their will and ensures all the wishes set out in the estate plan are duly met. The attorney should have a thorough understanding of federal and state laws to disperse the estate by curating a complete estate plan.

How Much Does Preparing a Will Cost?

Curating a comprehensive, well-thought-out, and complete estate plan is one of the most intelligent things and a blessing in disguise for your loved ones. The cost of your will depends on what process you choose to make your will.

Your circumstances, relations, family, and near and dear ones all need to be considered when creating a will. However, the costs involved in making a will can be a matter of concern, which is why it is essential to understand which approach to opt for while making your own will.

The two most significant factors that impact the amount for making your will are the size and complexity of your estate. How you go about completing your will affects the cost as well.

If your accumulations and relations are not complex, you can opt for a simple will and write it on your own or use a template, which is free of cost. On the other hand, you can use an online will maker, which usually costs significantly less than hiring a legal professional. However, if you have a large estate and accumulation of wealth, you should consider hiring an experienced attorney to make sure your will is made correctly.

The post How to Make a Will in 9 Steps appeared first on FormsPal.

1. What Does It Mean to Die Intestate?
2. What Are the Risks of Not Leaving a Last Will?
3. Who Will Be in Charge of the Estate?
4. What Happens to the Estate of the Decedent?
5. What If There Are No Surviving Heirs?

If you die without a last will, it means you didn’t put any legal procedures or paperwork in place to show what should happen to your estate and assets if you die. Since there is no outline of where you want your belongings to go, the court will have to decide what to do with your property and assets.

How things will be divided and to whom will depend on the intestacy laws in your state. Intestacy simply means the rules that apply when someone dies without a will.

What Does It Mean to Die Intestate?

To die intestate means that someone has died without a will. They did not leave any paperwork or guidelines for what should happen to their estate and assets after they die. In this case, the intestacy laws of the state the person lived in will decide what happens to the estate.

If the person owns real estate or other properties in other states, then that state’s rules apply. So, there are often different courts and different states involved depending on the person’s estate size.

There are also laws of intestate succession that will determine how the estate will be passed on and who will gain control of it after the person has died. The laws and who will receive the estate will depend on whether you were single, married, or had children. In most cases, the property is split into shares with the heirs who are surviving relatives, including:

• Spouses
• Parents
• Siblings
• Aunts and uncles
• Nieces
• Nephews
• Distant relatives in some cases

If there are no surviving relatives, the estate might go entirely to the state.

What Are the Risks of Not Leaving a Last Will?

The risks of not leaving a last will are numerous. The biggest one is that your estate and assets might not go to the people who deserve them the most, or they might not be awarded to the people you want to have them. If you have children that are not adults, they might be appointed a guardian who you don’t think should be in charge of taking care of them.

Not leaving a will can also start family feuds. It’s common for people to start fighting about the estate and assets of a deceased loved one. Everyone thinks they are entitled to something, and not everyone will agree with the other person. This is an easy way for family fights to start and to make family members enemies of each other.

To avoid this kind of fighting and issues, it’s best to leave behind a will before you die. This way, the court will take care of dividing the assets, and you can be sure everyone is awarded what you want.

Who Will Be in Charge of the Estate?

Since there is no will, the state law will have to provide a list of people who are eligible to be named as an executor and who can take the will to probate court. In most states, the role will be filled by a spouse or domestic partner. If there is no surviving spouse, the adult children will usually be named as the executor. The person assigned can always give up the responsibility if they don’t want it.

What Happens to the Estate of the Decedent?

What happens to the assets when the person dies without a will depends on their marital situation and if they have children. Below, you can find the common situations of what could happen if you were to die without writing a last will.

If a Person Was Single

If you do not have a will and are single, your parents will inherit the entirety of your estate if they are still living. If you have one surviving parent and siblings, the property will be split among them. This usually includes half-siblings but not step-siblings.

If both parents are deceased, then the siblings will have the estate split evenly among them. If there are no surviving parents or siblings, the property may go to nieces and nephews. If there are no surviving relatives, one half of the estate will go to the mother’s side of the family, and the other half will go to the father’s side.

If you are single and have children, your entire estate will go to the children in equal shares. If you had a child that passed away before you, the estate will go to the grandchildren if there are any.

If a Person is Married

If your estate is solely yours when you die, it will probably be split between the surviving spouse, your siblings, and your parents. If you are married and have children with your current spouse, the entire estate will go to the surviving spouse.

If the children are not the kids of the current spouse, half the estate will usually go to the children, and the other half will go to the spouse.

If the estate and assets are in the name of the married couple, the surviving spouse will inherit the entire estate and the assets.

If a Person Has Minor Children

If there is no will when you pass away, the court will appoint a guardian for your minor children. In most cases, it will be a relative who will be appointed guardianship over them. If you are worried about who might take care of your children if you pass away, you must ensure you write a will and state who will have custody of the children in the document.

If the children are not adults, the estate will usually be in the care of the guardian until the children become of age, and then it will split evenly between them. If the children are already adults, the estate will be shared evenly between them.

If a Person Has a Domestic Partner

Domestic partners can have some legal rights depending on the state they reside in. In some states, a domestic partner will inherit the same rights to the estate as a spouse. It will depend on how you own the property and whose name is on the titles.

Not all states recognize domestic partnerships, so you will need to check with the state you live in. If the state you reside in does not have domestic partnership rules, you might want to consider drafting a will that includes what your domestic partner will receive in the case that you die before them.

In most states, the property and assets will go to relatives only. The partner will not usually inherit anything from the partner who has died.

If you live with your partner but are not married, you must make a will that clearly states you want some of your property or estate to go to them after you die. Otherwise, they might end up not being able to have any legal rights to the place you live in together if only your name is on the titles and deeds.

What If There Are No Surviving Heirs?

If there are no surviving heirs, there is no place for the estate and the assets to go to when the person passes away. In this case, the entire state will usually go to the state. Remember that heirs can include the relatives of original heirs. In most cases, there is an heir of some kind, even if it might be a very distant relative or someone adopted into the family.

The post What Happens If You Die Without a Will? appeared first on FormsPal.

1. When Does a Last Will Become a Public Court Record?
2. What Information Do I Need to Find a Will?
3. How to Request Probate Court Records
4. What if I Cannot Find Probate Records Online?
5. What if the Document Has Not Been Probated Yet?

Did you know that a filed will that has gone through the court process is a matter of public records? If you’re looking for a copy of a last will for legal purposes or because you’re simply curious about a specific will, you can typically request or find a copy of such a document.

However, it may take a little bit of research and effort on your part to find it. It may also depend on the status of the will when you go looking for it. You should remember that if the person is still living and their last will and testament has not been filed in the courts, it will not be publicly available.

When Does a Last Will Become a Public Court Record?

First things first, you need to understand when a will becomes a public document. We touched on this just briefly, but it’s time to dig a little deeper.

When a person is alive, their will is a private document. This person, known as the testator, can change the contents and instructions of their last will at any time. After all, it is a legal document, and it is treated with the corresponding confidentiality and privacy in all regards.

The only person who can share the details of a last will while its testator is still alive is the testator themselves. You will not find these in the public records. It means if you are curious about details in this situation, you will have to approach the individual in question and discuss it with them.

Only after a will is filed with the court will you find it among the public records. However, the will’s exact details and legal documentation are not made public until the probate process is complete.

In a nutshell, a last will document becomes available as a public record only when relevant probate proceedings are complete through the court system.

What Information Do I Need to Find a Will?

There is more than one way to get a copy of a will from public archives. The easiest way to find a will is through the court file number from the probate process. If you do not have this number, you will have to look through other options provided by your court district.

For example, some states are moving to online platforms that make requesting and obtaining such documents easier. However, it’s a slow process, and many states are not there yet or still transitioning.

You will most likely need to know at least the deceased’s name and date of their death to request a copy of their last will if you do not have the case number. In some cases, you will have to use the date of death and name first to obtain a case number and then use the case number to look up the probate records regarding the individual in question.

How to Request Probate Court Records

Specific details of the process may vary in different areas. In some states, you may have online search options. In any case, you are encouraged to follow these steps to get the necessary probate court records.

1. Locate Where the Will is Probated

To find a last will, you will need to know where this document was being probated. If you request the wrong district, you will return no results, which can be incredibly frustrating.

The first thing you will need is the county of filing to make your request from the correct location. Generally, this is in the county the individual resided in.

2. Contact the County Courthouse

Your next step is to contact the appropriate county courthouse. Again, your options here may vary. Some courthouses require you to make your requests in writing, while others might allow you to call or even make a request online. Furthermore, you might also make your request in person.

You are recommended to look for your options via a quick online search. For example, in Kansas, they have some case information available online, but other requests must be made in writing using the official form.

3. Request a Copy of the Will

Once you know the county courthouse and its requirements, you can submit your request.

If you can do so online, this is the easiest way to request a copy of the last will, but you may have to submit a special form or make your request in person. Therefore, you need to follow the courthouse instructions, which can differ from state to state.

4. Pay a Copying Fee

Most courthouses will require a copying fee in order for you to receive a copy of the will or any other requested document. This fee varies by district but needs to be paid to officiate your request.

What if I Cannot Find Probate Records Online?

If you cannot find probate records online, it may be because they are not available online.

If your search is returning no results, it is also possible that the probate process has not yet been completed. Furthermore, you may be searching in the wrong county or area for the records, so make sure to double-check every detail.

Keep in mind that not every entity has online records, so you may need to dig a little further.

What if the Document Has Not Been Probated Yet?

If a last will has not been probated yet, it will not be considered a public record. If you are searching for a will that still needs to be filed for a deceased person, try looking in storage areas for that person.

If you are not involved in the process but believe you are a beneficiary on a will, try making contact with the will’s executor since beneficiaries are allowed to access the will in most cases.

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What’s a Bill of Sale?

A bill of sale is a legal document used to show the sale of an item. It documents the change of ownership of an item, most often used in the sale of vehicles. This document secures the seller and the buyer, giving them proof of their purchase for the proper registration of the vehicle in question.

When Is It Usually Used?

Many states require the use of a bill of sale form when an owner chooses to sell their property privately. Most cases involve motor vehicles, but this is not the only case. There are also instances where individuals sell animals, tools, clothing, etc. Therefore, the bill of sale can take on the same role as a receipt, showing the item’s sales price.

Absolute vs. Conditional Bill of Sale

There are two types of bills of sale usually used when one person sells an item to the other. These are labeled as a conditional and absolute bill of sale. Each one is used in different circumstances when dealing with the changing of ownership of an item.

Absolute Bill of Sale

An absolute purchase is one that is signed and sealed. This type of acquisition means that the transaction is complete and that neither party needs to act further for the purchase to be finished. Most cases involve the buyer paying the price agreed upon by both parties upfront.

Conditional Bill of Sale

When the two parties involved in the buying and selling of an item agree to certain conditions, like payments in installments, continued service on vehicles, and so on, this is known as a purchase with conditions. In this type of transaction, both parties should create a conditional bill of sale, which outlines the agreed-upon requirements for completing the sale.

How to Make a Binding Bill of Sale?

So, what if you want to back out of a car deal after signing a bill of sale? Can you do it? It depends. First of all, you should think of this legal document as a contract that spells out the terms and conditions of the vehicle purchased. It isn’t very easy to back out of a deal, but it can be done.

Suppose the person purchasing the vehicle suddenly decides not to go through with the transaction after signing the document. This, however, is only possible if the individual has not started the titling. If not, buyers could have a large window of opportunity to overturn the sale and walk away from the deal.

Things to Consider Before Signing a Bill of Sale

Because a bill of sale can hold up as a legal contract for purchase, buyers should hold off on signing until they are sure they agree with the terms and want to buy the vehicle in question. In some cases, after signing paperwork, they will not have the right to back out and could be stuck in a bind if signing without thinking things through beforehand.

Some contracts may give the buyer the right to overturn their decision on a purchase within a set number of days. For example, if there is a clause giving the buyer a trial period to check the item’s condition by hiring an expert (e.g., a mechanic or veterinarian). No matter the case, the buyer should read the bill of sale form (especially conditional) over and make sure they understand the terms and agree to them.

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