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Wills

~500 answered questions
Parent Category: Legal Documents
A will is a legal statement detailing the transfer of property and belongings when a person dies.
This is -- I can't emphasize it enough -- very important! You should, from my point of view, do this before the birth. I had a friend in elementary school whose parents were killed in an auto accident when she was 3 weeks old. No relatives were found, and there was no one designated as a guardian i…
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In answer to Nicks question, This is a serious issue. It does not fall along the lines of vanishing premium which is generally when the dividends (which are not guaranteed) are used to pay off the annual premium. This can happen and is legit altho many policies were sold that way and poliucy holders…
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The National Association of Insurance Commissioners has a "Life Insurance Company Location System" to help you find state insurance department personnel who might help identify companies that might have written life insurance on the deceased. NAIC's Life Insurance Company Location System - five ques…
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Go to www.SteveShorr.com/life.htm then scroll down to this FAQ. There are links to articles on this. The MIB locator, Escheat Funds and other information.
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Finding a Deceased Relative's Attorney Advice from FAQ Farmers: Contact the property recorder's or assessors office in the city or county where the deceased owned property. Place an ad in the local newspaper where the person died and also place an add in the legal press. Contact the Law S…
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Usually most people name an Executor (male) or Executrix (female) in charge of the Will. You do have a right to see that Will, so I'd ask your brother if you could see it. He may or may not let you read it if you are on the young side. If your father just left a Will and never mentioned an Execu…
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Answer The state or province would provide the burial or cremation and any property would escheat (pass) to the government.
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Yes, but only with legit firms like Heir Advance Co., who's been around for 20 years, you can get a loan or "assignment" on your inheritance, whether it be in trust or probate. Make sure that the trust or probate loan provider you deal with has years of proven niche Inheritance lending experience.…
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The only Will that counts is your latest Will and hopefully you have put the date on each Will. If you are unsure of this, then do a fresh Will and be sure that you state this is your final Will and that the date is on it. This doesn't mean you still can't change the Will at a later date. Every 10 y…
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Answer This question has been answered numerous times in the previous questions. Probably the most FAQ in this category.
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Answer If there are no stipulations in the will as to what should be done in the event one of the beneficiaries should die, then the state probate succession laws apply. The executor should contact the probate court for instructions as to the manner in which the deceased beneficiary's share of t…
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Estate Doucments signed by an Executor An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require pr…
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File a request with the probate court to obtain a copy of the will and any other pertinent documents that have been presented to the court. POAs become null and void upon the death of the grantor.
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Medical Bills that cannot be paid First of all, I'm so sorry for your loss. Perhaps my little bit of advice will help. We should NEVER ignore a summons! You didn't mention who the summons was from which indicates that you may be ignoring the initial notices and now have a court appearance. In tha…
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There are limited circumstances that allow an irrevocable trust to be amended and laws vary: The trustor can write that power into the trust document. The trust can be amended by a court order. All the beneficiaries can agree to amend the trust. The grantor has no power to amend or change the i…
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The next of kin to the policy holder will get paid for the policy.
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There are a number of variables. Is the person married? Are their children? Are their prior marriages and children from them? How big is the estate? The more factors there are, the more difficult it will be. And most attorneys charge by the hour, though some will give you a fixed price for a will. …
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Visit the probate court where the decedent resided and check for their name in the files. If you find a case listed under their name you can request it and review the file.
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Knowing divorce law firsthand, the ex-husband will have to pay all of the ex-wife's debt or go to jail. The husband, before going to jail will kill her and hide her body; we will hear of this "tragedy" on Fox News (if woman is white) ad nauseum, but it will be a missing white woman news story first,…
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Yes
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In most states, an executor has 60 days from the date of death to notify an heir. The process may take somewhat longer in some states.
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Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank. Generally, when a will is presented to the probate court to be proved and allowed the person making the petition …
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Who would have had an "insurable interest" on your Dad? Ask them. Mom? Grandparents? Employer?
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You have to have a trust (which can be set up in a will) and you have to identify what the trust is to be used for.
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Basically you probably can't. However if the person is deceased then the matter would be part of the deceased estate and the executor of the Will and or the lawyer should be able to find out.
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Greetings Everyone: Below are several venues but not ALL to help you start your journey to locating a Last Will and Testament. First, locate the source who drafted the Last Will and Testament, for instance, an attorney, notary public, online provider these folks will give you insight where the doc…
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I don't see why not,i am from new Orleans and people did it all the time,when i lived there.I suppose it depends on who technically "owns the home". If your name is on the mortgage,then yes.However the other person has the legal right to retrieve their things and may even be allowed back in the hous…
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Briefly: Every jurisdiction has its own requirements for executing a valid Will. If those requirements are not met the court will not allow the Will for probating. Generally, the testator must be of legal age and of sound mind. The will must be properly signed and witnessed (or in some states, must …
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Depends on if they have a will or not. Also if they have any outstanding liens or judgments against them. You need to check with the laws in your state as far as claiming a relatives monies. You may have to post an ad in the paper making claim to the cash so you put others on notice, etc. Check it o…
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Answer We know that they stop. End. Cease to exist. Wheither or not some part continues on is doubtful, but a lot of people believe something does ... but there's not a shred of evidence that it's so. Answer: The evidence for the existence of the afterlife is the shared tradition of mankind. No …
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You need to open an estate. This can be done at the court house. There will be a set of forms that need to be filled out. If all of the beneficiaries agree and are notified, the court will issue a letter. A probate attorney can be a big help in taking care of all this.
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She never did have a trust fund. When her Father died, Conrad Hilton, he left most of it to the Catholic Church. Then Francesca's half Brother, Baron, contested the will and he got a large portion of the estate. Baron is Paris Hilton's Granddaddy. Paris does have a trust fund. Rumour has it, that Zs…
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Answer You can make an appointment with an attorney to have a new POA drafted and your will updated. Don't put it off. If you no longer trust your son you must revoke his power to access your assets. You need to draft a revocation of the POA that you granted to your son. It should recite his n…
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Answer 1It should not be necessary for you to "contest" your father's will.First, the Probate of an estate is ruled by the laws of the state where the deceased legally lived at the time of death.The execution [signing] of a form agreeing to allow your brother to act as Executor of the Estate does NO…
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If you want to know if a person who died left a Will so that the estate can be probated, then the following information is addressed to that question. If you know the attorney who represented the decedent in life, you could begin by asking their attorney. If that information is not known, then you…
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Yes. In order to be validated, to insure taxes are paid and that the titles are properly transferred, the will must go through probate.
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you yourself can not disown a sibling because it is up to the parents on judgement, but if the older sibling was to become the legal guardian than yes you could disown your sibling.
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You can wait and see if the estate is going to collect the judgment. You can also talk to an attorney and consult them about this.
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Yes. That is typically accomplished by disinheriting that child in your Will.
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You really should. The trust will contain only the items that you have placed in the trust, and you can also specify in the trust where personal items should go. Please remember to have your attorney transfer your home(s) and other real property to the trust; your attorney should do it so that you d…
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Answer The purpose of a will is for a person to direct the distribution of her property after her death. Title to the property devised under a will does not vest in the devisees until the will has been "proved and allowed" by the appropriate court. The court decides if the will meets the technic…
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The point of a signature is to indicate the signer's intent and exercise of discretion in making the signature. The mechanics of making the mark are less important. In general, unless a jurisdiction has adopted a statute specifying specific requirements as to how a signature can be made someone can …
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Yes, It's as toxic as water, so no one can ever be harmed by it nor get enough.
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When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
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A will does not have to be notarized to be legal. It does have to be properly witnessed. Notarization isn't required, but it can be useful in making sure that everyone is properly identified. However, you should check the laws in your particular jurisdiction.
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No, a will does not have to be prepared by a lawyer; however, because of the technical legal requirements and the need for proper and legal phrasing in the clauses that will dispose of the property, lawyers can be very helpful. A will, to be binding and effective, has to be clear and properly execu…
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To find information on California probate laws, go to, or click on link below http://www.leginfo.ca.gov/calaw.html
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I dont think so. Not until they die. Its the same even if you werent.
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This is a broad question, sort of like asking "what does a pilot do?". That is not meant to be critical, but being an executor is a wide-ranging job. The executor is the appointed representative responsible to execute the instructions in a decedents will, and Shepard the estate and assets through th…
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Probate laws vary in different jurisdictions. Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated …
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No. You can hand write a Will, or do the ones on line. It can be validated if it was witnessed by two other persons. and they are not mentioned specifically in the Will. The Estate Clerk, after the fact, can provide someone with forms for witnesses of the Will to sign for validation. I have personal…
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The policy will be paid to the decedent's estate if there are no named beneficiaries or if the ones named have predeceased. the legal spouse or next of kin
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Amswer The following answer presumes that the Personal Representative was not established by a will which has been admitted to probate and is already before the court. This is called Administration, and applies where there is no will. The next answer talks about the situation if the executory (p…
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The link below might throw some light on what they are not responding.
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Typical is vague. A typical bill of sale for a $400 million company could take months to draft (and negotiate) and a bill of sale for a used vehicle could take under a minute.
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Get a gay-friendly lawyer. (I am NOT an attorney!) Since your partner -- at least in most places as of this writing -- is not legally your spouse, s/he is not legally related. In most states, this means you will need to specifically exclude your relatives from your estate (or give them specific beq…
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Look at the bottom left corner of your checks. If you have a Personal account the first sequence of numbers, usually a nine-digit number, is your ABA (American Bankers Association) routing number. If you have a Business account the ABA number will follow the six-digit check number at the bottom of t…
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RELEASE, RECEIPT, AND INDEMNITY The undersigned, , hereby acknowledges receipt of payment of services on (Date)___________ interest in the residuary estate of Bonnie Jean Brill (a.k.a. Bonnie W. Brill) . The undersigned hereby releases and forever discharges and [executors], both in their capacity…
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If it was registered at the court house, you will have to go there. They will be able to tell you if it has been filed. Otherwise you will have to search through the important papers of the deceased to find it.
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Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
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It depends what you need to go for. For opening hours of the various departments, see the Related Links.
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They often are, although some states require that there be a probate case (and fees) filed in the county where real property is located in another state.
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If they are still living, you can ask them, but you have no legal right to know its contents, where it is, or to view it. If they are already deceased the Executor will have (hopefully) filed it with the Probate Court. After it is actually probated it will become a public record which you can view i…
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If it is done in proper form and not to defraud creditors, then the inter vivos gift may be completely proper. However, there could be some serious tax implications, as the beneficiary of appreciated property under a will gets a stepped up basis and the recipient of an inter vivos (lifetime) gift do…
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You need to put the inheritance into a trust account--If you have children put the kids on the account.That is a very touchy issue.
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Your state laws will have determined the "intestate succession" of your father's estate, absent a will, meaning the law divided the property. Some states give the entire estate to the surviving spouse; others divide it with the children, meaning the minor children may have received half the father's…
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There is no general rule requiring any will to be read to anyone at any time. The testator may request such a gathering, but it is extremely rare and generally pointless.
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A postscript to a will is called a codicil. To be valid it must comply with the same legal requirements as set out in the Wills Act 1837 IE it must be signed by the testator (or contains his/her mark) and witnessed by two independent witnesses. A witness forfeits their right to inherit from the will…
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See sample will at related link. However, a will should always be drafted by a professional. Errors made by non-professionals can cause costly consequences.
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The answer would depend upon where it was left.
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The will is usually filed in the county where the testator was resident upon death.
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each state has a different term for statute of limitations ranging anywhere from 3 to 10 years and it also depends the nature of fraud
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No. The witness must be someone who is not a part of the will nor entitled to anything from the will. Also wills have executors not trustees.
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As a rule, nothing. There are exceptions to the rule if you are a blood descendant or surviving spouse and were not named in the will, among a few other exceptions.
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You need to talk with the executor of the estate. The probate court should be able to assist you in locating who has been appointed as executor.
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The executor has no legal right to live there rent-free, but this will depend on the probate laws of the state of probate. It is a tricky practical question because there are benefits and detriments to having the executor live in the house rent free.Begin with the idea that an executor entitled to c…
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To make the product the same shape as designed
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is Georgia acommunity property state
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The estate of each party should be examined in chronological order of death. The wife's estate would be distributed according to the laws of intestacy where she resided. If the deed of the home was in someone else's name, then that would also complicate it (e.g., tenants in common with husband's sib…
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It varies by the jurisdictional minimum (3 months to 6 months) plus whatever other complexities may arise (lawsuits, missing assets, missing heirs, etc) and could go on for several years.
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Yes, each person should have their own will, although there is certainly no law against having interlocking wills. It is somewhat rare for both parties in a marriage to die at the same instant, meaning the will of one of them will be administered before the will of the other.
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For in any emergency cases needs to be paid.
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Yes, in the UK. Yes, in the U.S. you can be an executor as well as a beneficiary. What you cannot be in both cases is a witness to the Will and a beneficiary.
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It just depends on how much the attorney or whoever you use charges. Through an attorney, you're probably looking at $100 or more.
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This is really a legal matter, not a religious one, and the answer is yes. The only exception where an individual witness would likely decline is if the item left is a religious icon, statue, or emblem. The witness would likely decline if the item left is a gift offering to a religious institution l…
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No, not necessarily. If the deceased assets are under a certain amount there is no need. (About £5k in the UK)
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According to an online legal dictionary, an oral will is called a Nuncupative will. Most states don't recognize the validity of a nuncupative will. See http://legal-dictionary.thefreedictionary.com/Will for more information.
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well by the willful law of 1655 the survivor would own the house based on the fact that he would be very sad that the person has died ___ The situation depends on how the property is jointly owned and on the country or state. For example, in England there are two different kinds of 'joint ownershi…
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Usually, yes. You can check with your local court clerk and sometimes you can even search these types of records online. Check out Court Reference to find both the contact information for your local court clerk, and the availability of online probate court records searching in your area.
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Yes, a trust can be modified or even revoked at any time under its terms. If it is a post mortem trust it can be modified by the trustees within the intent of the trust, provided it continues to benefit the same people.
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Generally a joint executor would have as much power as any other joint executor, meaning they had BETTER get organized and communicate about what needs to be done and who will be doing it.
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A last will and testament that meets the requirements for the jurisdiction in which it was executed.
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One of the copies will probably need to be posted in the probate court, at which time you will be appointed as the named executrix. If they destroy all copies of the will, that is a different sort of problem.
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Life is not like television and movies. There is no legal requirement that a will must be read at a specific time, or at any time. Wills have to be recorded with the county clerk in the county where the deceased died. Sometimes copies of wills are simply mailed out to the involved parties.
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The executor takes command of the estate: protecting the assets from looting by relatives, neighbors and creditors, posting notices to creditors, making an inventory of the assets, filing lawsuits to claim unpaid accounts and liabilities in the name of the decedent, closing bank accounts, filing tax…
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An executor can change the locks on a decedent's house and frequently does so to protect the house from being vandalized and/or its contents stolen. Executors have a legal obligation to take control and possession of all estate assets and preserve them for later distribution. If the executor believe…
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A properly drafted Will distributes your property upon your death. It is one of the most ancient and revered legal documents. You can't get that legal service done for you for free. If you did, the quality of the end result would likely equal its cost.
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