We are developing the LeanLegal Encyclopedia containing common sense answers to routine legal questions, available on-line and free to all. Submit your questions to FAQ@leanlegal.com. Our sponsoring lawyers will provide answers in plain English. Please be patient as we develop this portion of our site!

Below are a few examples of questions people have already asked . . . .

Wills FAQ

The most basic part of any estate plan is a will.   It may be all you need.

• What happens if I die without a will?
• Do I need a lawyer to make my will?
• I don't have much property.  Can I just hand write a will?
• What makes a will legal?
• Can I use my will to name somebody to care for my young children, in case my spouse and I both die suddenly?
• Can I leave property to my children in my will?
• Can I disinherit relatives I don't like?
• What should I do with my will after I sign it?
• What if someone challenges my will after I die?

Health Care Directives (Living Wills) FAQ

Living Wills and Health Care Directives are legal documents which set out your wishes for health care should you ever be unable to speak for yourself.

• What is a living will?
• What is a personal health care directive? Does it do the same thing as a living will?
• What happens if I don't have any health care documents?
• Who should I choose as a health care proxy?
• What if I really don't know anyone I trust to supervise my medical care?
• What types of medical care should I consider when completing my health care documents?
• Can I say whether I want pain medication or food and water?
• Where can I get a health care directive?   Who can help complete it?
• When does my health care directive take effect?
• How can I be sure my health care documents are legal?

General Power of Attorney (Springing) FAQ

A Power of Attorney is a simple way to arrange for someone to make your financial decisions should you become unable to do so yourself.

• How does a general power of attorney (springing) work?
• When does a general power of attorney (springing) take effect?
• How do I create a general power of attorney (springing)?
• What happens if I don't have a general power of attorney (springing)?
• I have a living trust. Do I still need a general power of attorney (springing)?
• Can my attorney-in-fact/donee/agent make medical decisions on my behalf?
• When does a general power of attorney (springing) end?
• What does an attorney-in-fact/donee/agent do?

Probate FAQ

Probate is a legal procedure whereby a court approves the distribution of your estate after your death.  It is up to you how much or how little of your property passes through probate before it goes to your heirs.

• What is probate?
• Does all property have to go through probate when a person dies?
• Who is responsible for handling probate?
• Should I plan to avoid probate?
• What are the different ways I can avoid probate?

Executor / Executrix  FAQ

An executor is the person you designate in your will to handle your property after your death.  A woman appointed this responsibility is called an executrix.

• What is an executor?
• What does an executor do?
• How do I choose an executor?
• Does the executor have to serve?
• Does an executor get paid?
• Does an executor have to hire a lawyer?
• If an executor doesn't want to hire a lawyer, is there any other way to get help?

Living Trust FAQ

Living trusts (or inter vivos trusts) are a popular way to avoid probate.

• What is a living trust?
• Why do I need a living trust?
• How does a living trust avoid probate?
• Is it expensive to create a living trust?
• Isn't it a hassle to own property in a trust?
• Is a living trust document ever made public, like a will?
• If I make a living trust, do I still need a will?

Living Together FAQ

Whether you are a heterosexual couple living together or you are living with your partner in a same sex relationship, are you sure who owns what?

Property Rights of Unmarried Couples FAQ

• My partner and I don't own much property. Do we need a written contract covering who owns what?
• My partner and I are buying a house. Do we need a written property agreement?
• My partner makes a lot more money than I do. Should we have a property agreement covering who is entitled to her income and the items we purchase with it?
• What is palimony? Should we make any agreements about it?
• Am I liable for the debts of my partner?
• If one of us dies, how much property will the surviving partner inherit?

Parenting Issues for Unmarried Couples FAQ

• My partner and I are not married but would like to have children.  What steps should we take to make sure we are both legal parents of the child?
• If I don't marry my partner, will our child be eligible for government benefits like social insurance survivor payments?
• My partner and I have different last names.  What names does our child take?
• My partner and I have a young child. If I give up my job to become a full-time parent, can I be compensated for my loss of income?
• My partner and I are not married and file separate tax returns.  Can we both claim our child as a dependent?
• My partner and I have children and are splitting up  How will this affect our parenting rights and responsibilities?
• I live with my partner and her child from another relationship.  Can I authorize medical care or sign school permission slips for the child?
• Can I adopt my partner's child?

Unmarried Couples and Medical Decisions FAQ

Can your partner make medical decisions for you if you can't speak for yourself?

• If I am incapacitated, can my partner make medical or financial decisions for me?

Premarital / Prenuptial Agreements FAQ

• What is the difference between a co-habitation / living together agreement and a prenuptial or premarital agreement?
• Are prenuptial or premarital agreements legal?
• Should my fiancé and I make a prenuptial or premarital agreement?
• My partner and I have been living together for several years.   If we get married will our current property agreement be enforceable after we are married?

Small Business FAQ

Choosing a Business Name FAQ

• How do I choose a name for my business?
• What is the best type of name for my business?
• How do I find out if my business name is available?
• What is a trademark?
• What is the legal name of my business?
• What is a fictitious business name?
• Do I have to register my business name?

Evaluating Your Business Idea FAQ

• What type of business should I start?
• What are the benefits of starting my own business?
• What are the risks of starting my own business?
• How do I determine whether my business will make money?

Break Even Analysis FAQ

Before you even consider writing a business plan, you should prepare a break-even analysis to see if your business idea is viable.

• How do I prepare a break-even analysis?
• Is further financial analysis required?

Writing a Business Plan FAQ

• What is a business plan?
• Do I need a business plan if I'm not borrowing money?
• How do I write a good business plan?

Partnerships FAQ

• What is a partnership and how do I form one?
• Are there special rules for partnerships?
• Is a written partnership agreement necessary for all partnerships?
• How are partnerships taxed?
• Are partners personally liable for business debts?
• What happens if one partner wants to leave the partnership?
• What is the difference between a general partnership and a limited partnership

Corporations FAQ

Do you really need to incorporate?

• What is a corporation?
• What is "limited liability" and why is it important?
• How are corporations different from partnerships and sole proprietorships?
• How do I form a corporation?
• Who should incorporate?
• Does  a corporation involve a lot more paperwork than other businesses?
• How is corporate income taxed?
• Is corporate income taxed twice?
• What is a professional corporation?
• Do I need to worry about securities laws when I issue stock in my corporation?

Small Business Taxes FAQ

• What kind of business records do I need to keep when I start my own business?
• Is there a general definition for  what is or is not a business expense?
• How much of my automobile expenses can I write off?
• Can I write off business-related entertainment?
• Is it true that you can deduct 100% of the cost of some business supplies and equipment in the year they are purchased but there are others that must be deducted over several years?
• Someone told me that corporations get the best tax breaks.   Should I incorporate for that reason?
• Should I hire independent contractors or employees?
• I don't have enough money to hire an accountant.  Is it safe for me to keep my own books?
• I am thinking about setting up a consulting business with two friends.  Do we need a partnership agreement and does that make a difference in taxes?
• I am planning a business trip and want to take my family with me so we can vacation afterwards.  Can I still deduct expenses for the trip?

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