Battle - Legal forms for everyone: leases, home sales, avoiding probate, living wills, trusts, divorce, copyrights, and much more

Please note that the forms in this book can be downloaded and customized from the Internet.

To access the digital files, please visit www.skyhorsesupplements.com. Navigate to the page for Legal Forms for Everyone, Sixth Edition , in the Allworth Press section. The password to download is jGxLqnxv.

Copyright 2016, 2006, 2001, 1996, 1991 by Carl W. Battle

All rights reserved. Copyright under Berne Copyright Convention, Universal Copyright Convention, and Pan American Copyright Convention. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Allworth Press, 307 West 36th Street, 11th Floor, New York, NY 10018.

Allworth Press books may be purchased in bulk at special discounts for sales promotion, corporate gifts, fund-raising, or educational purposes. Special editions can also be created to specifications. For details, contact the Special Sales Department, Allworth Press, 307 West 36th Street, 11th Floor, New York, NY 10018 or .

20 19 18 17 16 5 4 3 2 1

Published by Allworth Press, an imprint of Skyhorse Publishing, Inc.

307 West 36th Street, 11th Floor, New York, NY 10018.

Allworth Press is a registered trademark of Skyhorse Publishing, Inc., a Delaware corporation.

www.allworth.com

Cover design by Mary Belibasakis

Library of Congress Cataloging-in-Publication Data is available on file.

Print ISBN: 978-1-62153-568-3

Ebook ISBN: 978-1-62153-571-3

Printed in China

Table of Contents

Preface

We live in an extremely complex society, and our interactions with other people and with countless institutions are becoming even more complex. If there is any doubt about the validity of this observation, you need only consider that ours is the most litigious society in the world. With this in mind, it has become clear that the protection and enforcement of individual rights, the need to solve disputes, and the management of legal affairs are rapidly becoming the routine concerns of each and every one of us.

It is a deeply rooted principle in American law that ignorance of the law is no excuse. Therefore, it is imperative that you have a basic understanding of law to protect your legal rights and interests and to conduct your legal affairs properly.

Renting an apartment? Buying your first home? Thinking about a will? Starting your own business? This book was designed for your use with these questions and many others in mind. While not designed to replace in any way the advice and services of a lawyer, this book is a self-help guide dedicated to the proposition that the information revolution has finally reached the courthouse and the lawyers office.

Included here are detailed and easy-to-follow forms, instructions, and advice for individual representation in areas such as wills, leases, patents, copyrights, trademarks, small claims court, name changes, divorce, bankruptcy, and IRS auditseach accompanied by a concise and lucid presentation of the relevant laws and rules. Other forms and discussions explain how to close on your house, make an assignment, prepare a power of attorney, contract for repairs and services, and several other very useful and potentially expense-saving procedures.

The idea here is to put together in a simple, nonthreatening form the kinds of things you might need in your daily life. This book should provide you with a basic familiarity with the laws, legal forms, and procedures such that you can manage your simple legal affairs, or make an informed decision to seek appropriate legal counsel. This book also provides in many cases an estimated cost for typical legal services if you decide you need a lawyer.

This edition of Legal Forms for Everyone reflects important changes in the law since publication of the prior edition in 2006. As the laws are constantly changing, you are advised to check with the court clerk or an attorney in your jurisdiction for new developments. The sample forms and instructions in this book are appropriate for most, if not all, states and jurisdictions. You can typically call or write your court clerk for specific court rules and requirements.

Chapter

Y OUR P ARTICIPATION IN THE A MERICAN L EGAL S YSTEM

Do you have faith in the American legal system? A large number of people would probably answer this question with a resounding No. But despite a lack of public confidence, the American legal system is one of the best in the world.

Although it may appear to suffer from many problems and inequities, our legal system is remarkable. Our Constitution, the bedrock of our legal system, is a brilliantly crafted document designed to safeguard individual interests and freedoms while concurrently promoting public, societal needs. Our judicial and legislative processes assure that the intent of the Constitution is carried out. Our country has a well-trained and active judiciary. Our legal profession has an abundance of talent and resources. But to work most effectively, our legal system requires public awareness and participation.

Our legal system needs a public desirous of being knowledgeable of the law. It needs a public willing to monitor, evaluate, and formulate legal policies. Further, it needs public confidence and support. American democracy cannot flourish without the will of the people. The American legal system cannot, and will not, function effectively without you.

The American legal system affects virtually every aspect of our daily lives. Laws regulate our family relationships, commercial activities and social conduct. Regulations govern the food we eat, the garbage we throw away, and the places we park our cars. While our individual liberties, such as freedom of speech, press, and assembly, are protected by the Constitution, our legal system regulates countless aspects of our daily lives.

The laws regulating American society do not necessarily represent a destruction of individual rights. Many of the laws were enacted for the very purpose of protecting such rights. The protection of the law may be lost, however, because of lack of public awareness and mismanagement of legal affairs. Because an unwanted lawsuit or loss of important legal rights can destroy families, fortunes, and lives, you need to manage your legal affairs as routinely and carefully as you balance your checkbook. The magic formula is simply knowing your legal rights and knowing how to enforce them. For example, always read the fine print in an agreement before you sign it. Also, make sure important legal transactions are reduced to writing. A written document, such as a contract, a deed, or a will, can be extremely important as evidence of your legal rights and obligations. Never rely on oral promises or handshakes to protect your rights.

The importance of an informed public cannot be overemphasized. The growing popularity of televised trials and increasing news coverage of these events has resulted in many people now seeing our legal system at work. But despite this greater exposure through our mass media, many people still do not have a clear understanding of how the legal system operates and how cases are won or lost in court. You may want to personally attend court proceedings to see first-hand how the court system functions. Serving as a juror on a civil or criminal trial is another excellent way to see how the legal system works.