Legal Myths

Articles of interest on Legal Myths

One American dollar bill

Myth #1 - The belief is that unless each child is left $1.00, the Will is not valid. This is not only false, but also may lead to the very dispute you are seeking to avoid. During the estate administration, not only will you have to pay the $1.00; you also are required to provide notice of the estate administration and obtain a receipt to prove the payment.

stuffy law offices filled with dusty books and decrepit attorneys

Myth #2 - Too many old black-and-white movies taught generations that Wills are read in stuffy law offices filled with dusty books and decrepit attorneys. At least the part about a public "reading" of the Will is incorrect, although occasionally a video of the Will signing, and a statement by the decedent to the beneficiaries is presented ("to my cousin Charlie: I never liked you so you get nothing!").

Waranty Claim instead of Quit Claim

Myth #3 - Consider - - - why would you even have a Warranty Deed if a Quit Claim Deed is just as good? There must be a reason. Look carefully - - the word "Warranty" is contained in the description of one type of deed. Why do you suppose that is?

High School is over and now it's on to college

Myth #4 - Your oldest has graduated from high school, and is headed to college soon. So is your wallet. You have made your list: tuition, books, computer, clothes, food, dorm, Greek, automobile. Wait a minute - what about the automobile? Who should own it? Who should pay for it? How much is your insurance going to increase?

A Short, Simple Contract - Myth #5

Myth #5 - The myth here is that attorneys want to overly complicate agreements, "in order to charge more." Maybe there is a small bit of truth in a few instances sometime, somewhere - - but it just isn't generally true. If you say the same thing twice for clarity, it may not be twice as good, but it is MUCH better than failing to say it once.

Past Due - someone owes you money!

Myth #6 - You're upset. Someone owes you money, doesn't pay after reminders and threats - so you decide to record a lien against the debtor's property. A lien is a type of security interest in property. Since there are forms of all types on the Web, you are likely to find one which seems to fit your needs. But ask yourself, if it is that easy, why do other people have to sue for a debt? Why are other creditors doing this the hard way?