Shareware Overload Trio 2/Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO/dir33/lawfirm.zip/PRENHLP

Text File | 1990-08-19 | 27KB | 534 lines

Question 1.
This program is designed to create a Prenuptial (or Antenuptial)
Agreement.  It is used primarily by two persons who are planning to
be married and wish to designate, before marriage, how their
property is to be held during the marriage.
Question 2.
This can be either Party to the Agreement.  The sex of the parties
makes no difference for the answer to this question.
Question 3.
Enter the address of the party named in question 2.  List the name
of the City or Town and the name of the State, District or
Province.  (i.e. Coral Gables, Florida)
Question 4.
This should be the other Party to the Agreement. The First Party
was named in Question 2.
Question 5.
Enter the address of the party named in question 4.  List the name
of the City or Town and list the name of the State, District or
Province (i.e. Coral Gables, Florida).
Question 6.
It is important to list all of the major items of property owned by
both Parties to the agreement.  Leaving out a piece of property
(either real or personal) can leave doubt as to whether a full
disclosure of all of the property has been made. Failure to make a
full disclosure can result in legally invalidating the Agreement.
This question allows you to use Exhibits for listing your property
in which case you can write in all of your property after the
program has completed.  This can be done by hand or by using a word
processor.  If you choose not to use exhibits the program will
allow you to specify your property within the document. Each Party
can list 5 pieces of personal property and 4 pieces of real
property in the document.
Question 7.
It is important to list all of the major items of property owned by
both Parties to the agreement.  Leaving out a piece of property
(either real or personal) can leave doubt as to whether a full
disclosure of all of the property has been made. Failure to make a
full disclosure can result in legally invalidating the Agreement.
This allows you to list the personal property owned by the First
Party to the Agreement. You do not need to list clothing, jewelry
or similar personal items.  It is only necessary to list large
items of personal property such as vehicles, mobile homes, valuable
collectibles, etc.
Question 8.
Please list your personal property.  You should enter a general
description of your property in response to this question such as a
"Sony 21 inch television."
Question 9.
The program allows you to list up to 5 items of personal property.
You will have the opportunity to list real property at another
point in the program.
Question 10.
This question allows you to list another piece of personal
property.
Question 11.
This question allows you to list another piece of personal
property. Answer "yes" to list other pieces of personal property.
Question 12.
This question allows you to list another piece of personal
property.
Question 13.
This question allows you to list another piece of personal
property. Answer "yes" to list other pieces of personal property.
Question 14.
This question allows you to list another piece of personal
property.
Question 15.
This question allows you to list other pieces of personal property.
If there is more than one piece of property to be listed, it needs
to be included here, since this is the last of the questions which
allow the listing of personal property.
Question 16.
This question allows you to list another piece of personal
property.
Question 17.
This allows you to list the personal property owned by the Second
Party to the Agreement. You do not need to list clothing, jewelry
or similar personal items.  It is only necessary to list large
items of personal property such as vehicles, mobile homes, valuable
collectibles, etc.
Question 18.
This question allows you to list the pieces of personal property
owned by the Second Party to the agreement.  You should enter a
general description of the property in response to this question
such as a "Sony 21 inch television."
Question 19.
If the Second Party has other pieces of personal property to list,
answer "yes" and the program will allow you to list other items.
Question 20.
This question allows you to list another piece of personal property
owned by the Second Party to the agreement.
Question 21.
If the Second Party has other pieces of personal property to list,
answer "yes" and the program will allow you to list other items.
Question 22.
This question allows you to list another piece of personal property
owned by the Second Party to the agreement.
Question 23.
If the Second Party has other pieces of personal property to list,
answer "yes" and the program will allow you to list other items.
Question 24.
This question allows you to list another piece of personal property
owned by the Second Party to the agreement.
Question 25.
If the Second Party has other pieces of personal property to list,
answer "yes" and the program will allow you to list other items.
If there is more than one piece of property to be listed, it needs
to be included here, since this is the last of the questions which
allow the listing of personal property.
Question 26.
This question allows you to list another piece of personal property
owned by the Second Party to the agreement.
Question 27.
The program allows each Party to list up to 4 items of real
property that he or she currently owns.  Answer "yes" and the
program will allow the First Party to list his or her real
property.  The Second Party will have an opportunity to list his or
her real property next.
Question 28.
Here, the First Party to the agreement can list one item of his or
her real property.  A general description is good enough.  The
complete legal description is not necessary: just the address, city
and State (i.e. 45 Orange Street, Miami, Florida).
Question 29.
The program will allow you to list up to four items of real
property per person.  Answer "yes" if there is other real property
to be listed.
Question 30.
This question allows the First Party to list one item of his or her
real property. A general description is good enough.  The complete
legal description is not necessary: just the address, city and
State (i.e. 45 Orange Street, Miami, Florida).
Question 31.
This question allows the First Party to list one item of his or her
real property.  Answer "yes" if there is other real property
to be listed.
Question 32.
This question allows the First Party to list one item of his or her
real property. A general description is good enough.  The complete
legal description is not necessary: just the address, city and
State (i.e. 45 Orange Street, Miami, Florida).
Question 33.
This question allows the First Party to list one item of his or her
real property.  Answer "yes" if there is other real property
to be listed.
Question 34.
This question allows the First Party to list one item of his or her
real property. A general description is good enough.  The complete
legal description is not necessary: just the address, city and
State (i.e. 45 Orange Street, Miami, Florida).
Question 35.
The program allows each Party to list up to 4 items of real
property that he or she currently owns.  Here, the Second Party to
the agreement can list his or her real property. Answer "yes" and
the program will allow the Second Party to list his or her real
property.
Question 36.
Here, the Second Party to the agreement can list one item of his or
her real property.  A general description is good enough.  The
complete legal description is not necessary: just the address, city
and State (i.e. 45 Orange Street, Miami, Florida).
Question 37.
This question allows the Second Party to list one item of his or
her real property. Answer "yes" if there is other real property
to be listed.
Question 38.
This question allows the Second Party to list one item of his or
her real property. A general description is good enough. The
complete legal description is not necessary: just the address, city
and State (i.e. 45 Orange Street, Miami, Florida).
Question 39.
This question allows the Second Party to list one item of his or
her real property. Answer "yes" if there is other real property
to be listed.
Question 40.
This question allows the Second Party to list one item of his or
her real property. A general description is good enough. The
complete legal description is not necessary: just the address, city
and State (i.e. 45 Orange Street, Miami, Florida).
Question 41.
This question allows the Second Party to list one item of his or
her real property. Answer "yes" if there is other real property
to be listed.
Question 42.
This question allows the Second Party to list one item of his or
her real property. A general description is good enough. The
complete legal description is not necessary: just the address, city
and State (i.e. 45 Orange Street, Miami, Florida).
Question 43.
It is important to list each party's children in the Agreement.
Often, both parties end up contributing to the support of the minor
children regardless of which Party is actually the parent.  This
situation needs to be discussed and specified in the Agreement.
Answer "yes" and the program will allow you to list the First
Party's children.
Question 44.
Here, the First Party can list his or her children.  Enter the full
names of the children (i.e. Ralph Edward Jones and Kellie Anne
Jones).
Question 45.
It is important to list each parties children in the Agreement.
Often, both parties end up contributing to the support of the minor
children regardless of which Party is actually the parent.  This
situation needs to be discussed and specified in the Agreement.
Here, the Second Party can list his or her children.
Question 46.
Here, the Second Party can list his or her children.  Enter the
full names of the children (i.e. Ralph Edward Jones and Kellie
Anne Jones).
Question 47.
This question will allow you to specify that the Second Party will
contribute for the support of the other's children should the First
Party die while the children are still minors.
Question 48.
This question will allow you to specify that the First Party will
contribute for the support of the other's children should the
Second Party die while the children are still minors.
Question 49.
The next series of questions allows you to specify what property
will become the joint property of both persons or will remain their
separate property.  Additionally, you can determine if the earnings
of one Party are to become the property of both persons.
Answering "yes" here specifies that all property is to be separate,
even earnings and income.  Answer "no" and the program will allow
you to specify that some or all of the property is to become joint
property.
Question 50.
Answering "yes" here specifies that all property is to remain
separate during the marriage except the earnings or income of the
parties.  This question does not distinguish between types of
earnings. You can use the next questions for that purpose, if you
wish.
Question 51.
Answer "yes" and the program will allow you to list any property
belonging to the First Party to the Agreement that will become
joint property of the parties.  You may specify income and earnings
here if that property is to be owned by both if earned during the
marriage.  Note that questions 69-71 will allow you to distinguish
between the different kinds of interest earned from a dwelling of
one Party where both parties live during the marriage.  Thus, you
would not want to use this question for such specification.
Question 52.
This allows you to list the property discussed in question 51.
Question 53.
Answer "yes" and the program will allow you to list any property
belonging to the Second Party to the Agreement that will become
joint property of the parties.  You may specify income and earnings
here if that property is to be owned by both if earned during the
marriage.  Note that questions 69-71 will allow you to distinguish
between the different kinds of interest earned from a dwelling of
one Party where both parties live during the marriage.  Thus, you
would not want to use this question for such specification.
Question 54.
This allows you to list the property discussed in question 53.
Question 55.
You may specify that certain debts will become the joint debt of
both parties even though they may have been incurred before
marriage by only one of the parties. For example, often both
parties will assume responsibility for a credit card or other
obligation.  Answer "yes" and the program will allow you to list
the debts.
Question 56.
This question allows you to designate those debts discussed in
question 55.  Please identify the debt as specifically as possible.
For example, if you are listing a credit card debt, include the
account number (i.e. Bank Americard VISA# 4444 0000 1111 2222).
Question 57.
One of the chief advantages to a Prenuptial Agreement is the
ability to specify what property, if any, will be used for joint
purposes. This question, (and the next several) allow you to
designate specific property that will be used in this way. You may
include earnings or income here if you haven't specified that they
are to remain separate in questions 49 and 50 above.
Question 58.
One of the chief advantages to a Prenuptial Agreement is the
ability to specify what property, if any, will be used for joint
purposes. This question, (and the next several) allow you to
designate specific property that will be used in this way. You may
include earnings or income here if you haven't specified that they
are to remain separate in questions 49 and 50 above.
Question 59.
One of the chief advantages to a Prenuptial Agreement is the
ability to specify what property, if any, will be used for joint
purposes. This question, (and the next several) allow you to
designate specific property that will be used in this way. You may
include earnings or income here if you haven't specified that they
are to remain separate in questions 49 and 50 above.
Question 60.
In the event that you have specified that either (or both) parties
are to use their separate property for joint purpose, you can
specify that they will be owed some reimbursement for the use of
their property. Generally this reimbursement comes first from any
joint property such as earnings or income that has been designated
to belong to both parties.
Question 61.
The next series of questions deals with the living quarters or
dwelling of the parties. Answer "yes" if the parties will lease
property to live in together.  Later, you will be given the
opportunity to specify the Party that will be primarily responsible
for the lease of the dwelling and whether the Party not responsible
for the lease is to make payments to the other Party for his or her
contribution.
Question 62.
This question deals with the living quarters or dwelling
of the parties. Answer "yes" to specify that property will be
bought together by the parties.  Later, you will be given the
opportunity to specify the Party that will be primarily responsible
for the dwelling and whether the Party not responsible for the
mortgage is to make payments to the other Party for his or her
contribution.
Question 63.
This question, if answered "yes", makes the First Party primarily
responsible for the lease of the dwelling.
Question 64.
This question makes the Second Party primarily responsible for the
lease of the dwelling.
Question 65.
This question makes the First Party primarily responsible for the
dwelling.
Question 66.
The address must be specified in order to properly identify which
real property is referred to herein.  Please enter the complete
address of the dwelling (i.e. 45 Main Street, Orange, Florida).
Question 67.
This question makes the Second Party primarily responsible for the
dwelling.
Question 68.
The address must be specified in order to properly identify which
real property is referred to herein.  Please enter the complete
address of the dwelling (i.e. 45 Main Street, Orange, Florida).
Question 69.
It is important to specify if monies spent on a dwelling owned by
one Party are to become a gift to that person.  Answering "yes" to
this question will make any monies spent on the dwelling a gift to
the person who owns the dwelling.  The program will also allow you
to distinguish the type of interest that the Party who doesn't own
the property will get if payments on the property are not to be a
gift.
Question 70.
Here, the program allows you to specify that monies spent on the
property are not to be considered a gift.  Rather, the person
contributing the money is to be entitled to an interest in the
dwelling.  Generally, this means that the non-owner contributing to
the property will be entitled to the benefit of any appreciation or
increase in the value of the property to the extent of his or her
contribution.  The next question allows the non-owner to get his or
her contribution back but not to get any ownership interest in the
property.
Question 71.
The program allows you to specify that monies spent on the property
are not to be considered a gift.  Rather, the person contributing
the money is to be entitled to an interest in the dwelling.  Here,
you can specify that the non-owner of the property shall be
entitled to a return of whatever he or she contributed to the
property but not to any ownership interest therein.
Question 72.
Support and alimony are crucial questions in a Prenuptial
Agreement. It is often difficult to envision what might happen
years hence, particularly in terms of the earning abilities of the
parties to the marriage.  This is exactly what support or alimony
is for: an attempt to equalize the earning potential of the parties
to a marriage particularly where one Party has stayed home during
the marriage allowing the other to develop his or her career.
Thus, you should be very careful about this clause.  It has great
benefit where two people have sufficient assets or careers so that
it is apparent that they won't be in any position to need alimony
or support.  However, the more conservative approach is not to
specify that there will be "no" support or alimony but to wait and
see if it becomes necessary. (Note that many courts ignore this
clause where circumstances have changed when there is a divorce.)
Question 73.
Support and alimony are crucial questions in a Prenuptial
Agreement. It is often difficult to envision what might happen
years hence, particularly in terms of the earning abilities of the
parties to the marriage.  This is exactly what support or alimony
is for: an attempt to equalize the earning potential of the parties
to a marriage particularly where one Party has stayed home during
the marriage allowing the other to develop his or her career.
Thus, you should be very careful about this clause.  It has great
benefit where two people have sufficient assets or careers so that
it is apparent that they won't be in any position to need alimony
or support.  However, the more conservative approach is not to
specify that there will be "no" support or alimony but to wait and
see if it becomes necessary.  (Note that many courts ignore this
clause where circumstances have changed when there is a divorce.)
Question 74.
Support and alimony are crucial questions in a Prenuptial
Agreement. It is often difficult to envision what might happen
years hence, particularly in terms of the earning abilities of the
parties to the marriage.  This is exactly what support or alimony
is for: an attempt to equalize the earning potential of the parties
to a marriage particularly where one Party has stayed home during
the marriage allowing the other to develop his or her career.
Thus, you should be very careful about this clause.  It has great
benefit where two people have sufficient assets or careers so that
it is apparent that they won't be in any position to need alimony
or support.  However, the more conservative approach is not to
specify that there will be "no" support or alimony but to wait and
see if it becomes necessary. (Note that many courts ignore this
clause where circumstances have changed when there is a divorce.)
Question 75.
It is often advantageous to provide that one Party must purchase
life insurance for the benefit of the other Party.  In this way if
the parties have become accustomed to relying on the earning power
of either of them, they can ensure that in the event of the death
of either party, there will be sufficient funds to provide for the
surviving Party.
Question 76.
Enter the dollar amount that is the face value of the life
insurance policy (i.e. 50,000).
Question 77.
It is often advantageous to provide that one Party must purchase
life insurance for the benefit of the other Party.  In this way if
the parties have become accustomed to relying on the earning power
of either of them, they can ensure that in the event of the death
of either party, there will be sufficient funds to provide for the
surviving Party.
Question 78.
Enter the dollar amount that is the face value of the life
insurance policy (i.e. 50,000).
Question 79.
The program allows the user to designate that an appraiser or
arbitrator will be appointed if there is difficulty dividing up the
property if the marriage should end.  It is often a good idea to
specify someone that both persons trust to do this so as to avoid
expensive and lengthy litigation later.  The user is cautioned,
however, that if there is a legal battle or the matter is reviewed
by the court in the State where the parties reside, the court will
often exercise its jurisdiction to divide the property of the
parties in spite of any prior agreement to have an arbitrator do
it.
Question 80.
This question allows you to chose whether you will name such an
arbitrator or appraiser as discussed in Question 79 now.
Question 81.
Enter the full name of the appraiser (i.e. John Wayne Smith).
Question 82.
When you've named an appraiser or arbitrator to help with the
division of property should it become necessary, it is often a good
idea to name someone else in case the person you name first isn't
available. Normally, considerable time will have passed between
this Agreement and needing an appraiser: thus the person you first
pick may not be available, so naming an alternate is always a good
idea.
Question 83.
If there is no Prenuptial Agreement, and/or the will is silent as
to what a surviving spouse will take from the estate of the
deceased spouse, the laws of the State in which you live will make
the determination as to what part of the deceased spouse's estate
the survivor will get.  Often, this is not at all what the parties
wanted, and it is therefore a good idea to use this document to
specify what is to be transferred at death, and to have a valid
Will like one that can be written by unsing the program available
in this package.
Question 84.
A Prenuptial Agreement will often take precedence over a will when
the two documents conflict concerning a surviving spouse.  This is
because the Prenuptial Agreement (when signed by both parties) is
generally considered a contract between the parties and is
therefore binding on the parties until rescinded by both of them.
A will on the other hand is not binding on the author: it can be
changed at any time without the consent of the spouse.  The
exception to this rule is where the will is absolutely silent about
the existence of a spouse at all. Here, the courts have held
(although not always), even where there is a valid Prenuptial
Agreement in effect,  that the spouse has been mistakenly left out
of the will and that therefore he or she is entitled to that
portion of the estate that he or she would have gotten had the
decedent died without a will.  Thus, its a good idea to have a
valid Will like one that can be written by unsing the program
available in this package.
Question 85.
This clause should only be invoked where both parties have valid
wills.  Waiving any interest in the estate of a spouse is rarely
upheld unless there is a signed Prenuptial or other Agreement to
that effect and where there is a will that specifically names the
spouse.
Question 86.
If there is no Prenuptial Agreement, and/or the will is silent as
to what a surviving spouse will take from the estate of the
deceased spouse, the laws of where you live will make the
determination as to what part of the deceased spouse's estate the
survivor will get.  Often, this is not at all what the parties had
wanted, and it is therefore a good idea to use this document to
specify what is to be transferred at death, and to have a valid
Will like one that can be written by unsing the program available
in this package.
Question 87.
The First Party can list those items that are to be left to the
Second Party.
Question 88.
If there is no Prenuptial Agreement, and/or the will is silent as
to what a surviving spouse will take from the estate of the
deceased spouse, the laws of the State in which you live will make
the determination as to what part of the deceased spouse's estate
the survivor will get.  Often, this is not at all what the parties
had wanted, and it is therefore a good idea to use this document to
specify what is to be transferred at death, and to have a valid
Will like one that can be written by unsing the program available
in this package.
Question 89.
The Second Party can list those items that are to be left to the
First Party.
Question 90.
Enter the name of the City or Town in which the document will be
signed.
Question 91.
Enter the name of the State or other jurisdiction in which you
live.
Question 92.
This allows you to have a notary block for your document.  This is
often a good idea since it will allow for the recording of the
document at a later time.  Often this is necessary where real
property is involved.
Question 93.
It is important to specify where you will be executing your
document. Answer "yes" if you live in a county or parish.
Question 94.
Please enter the name of the County or Parish: for example, if you
live in Butte County, type Butte.
Question 95.
Witnesses are often a good idea.  They tend to add veracity to an
agreement, and even if you are having the document notarized, it is
often helpful to have witnesses as well, particularly where the
Agreement effects some rights that either Party may have in the
estate of the other.
Further, witnesses are generally required in some states: notably
Arizona, Delaware, Georgia, Minnesota and South Carolina.  For a
further explanation of executing your agreement please see the
section in the manual on "Executing (signing) the Documents."
Question 96.
Press Return and the program will prepare the text that will make
up your document.