101 Law Forms for Personal Use By Attorneys Ralph Warner & Robin Leonard with the editors of Nolo 6th edition SIXTH EDITION NOVEMBER 2007 Editor EMILY DOSKOW Cover Design SUSAN PUTNEY Production MARGARET LIVINGSTON Proofreader EMILY K. WOLMAN CD-ROM Preparation ELLEN BITTER Index ELLEN SHERRON Printing DELTA PRINTING SOLUTIONS, INC. Warner, Ralph E. 101 law forms for personal use / by Ralph Warner & Robin Leonard ; with the editors of Nolo. 6th ed. p. cm. Includes bibliographical references and index. ISBN-13: 978-1-4133-0712-2 (pbk.) ISBN-10: 1-4133-0712-4 (pbk.) 1. Forms (Law) United States Popular works. I. Leonard, Robin. II. Title. III. Title: One hundred one law forms for personal use. IV. Title: One hundred and one law forms for personal use. KF170.L46 2007 347.73'55 dc22 2207018036 Copyright © 1998, 2001, 2002, 2004, 2005, and 2007 by Nolo. ALL RIGHTS RESERVED. PRINTED IN THE U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. Quantity sales: For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710. Acknowledgments is book is a compilation and modification of some of the forms that exist in several other Nolo publications, plus several new ones. It couldn’t have been written without the editorial assistance and support of Nolo’s editorial department, particularly: Ilona Bray, Cathy Caputo, Amy DelPo, Emily Doskow, Steve Elias, Diana Fitzpatrick, Lisa Guerin, Ella Hirst, Shae Irving, Beth McKenna, Shannon Miehe, Janet Portman, Mary Randolph, Barbara Kate Repa, Alayna Schroeder, Betsy Simmons, and Marcia Stewart. anks to Teresa Bruns for her research assistance. Terri Hearsh labored long and hard to make the book both attractive and functional. Mari Stein provided the wonderful artwork. For the Fifth Edition, many thanks are due to John Lamb, whose work on Chapters 7, 8, 10, and 11 was invaluable. For the Sixth Edition as well as all previous editions, Nolo’s Applications Development Department, represented by André Zivkovich and Ellen Bitter, did a great job making the forms in this book consistent and sensible. Table of Contents I How to Use is Book Filling in the Contracts and Forms 3 Editing the Forms 4 Describing People, Property, and Events 5 Signing the Forms 7 Resolving Disputes 8 Do You Need a Lawyer? 10 1 Delegating Authority to Care for Children, Pets, and Property Form 1: Temporary Guardianship Authorization for Care of Minor 12 Form 2: Authorization for Minor’s Medical Treatment 13 Form 3: Authorization for Foreign Travel With Minor 14 Form 4: Housesitting Instructions 14 Form 5: Children’s Carpool Agreement 15 Form 6: Pet Care Agreement 16 Form 7: Authorization to Drive a Motor Vehicle 16 Form 8: Power of Attorney for Finances (Limited Power) 17 Form 9: Power of Attorney for Real Estate 21 Form 10: Notice of Revocation of Power of Attorney 25 2 Basic Estate Planning Form 11: Property Worksheet 28 Form 12: Beneficiary Worksheet 29 Forms 13 and 14: Basic Wills 30 Form 13: Will for Adult With No Child(ren) 32 Form 14: Will for Adult With Child(ren) 32 3 ings to Do After a Death: Documents for Executors Form 16: Request for Death Certificate 36 Form 17: Notice to Creditor of Death 37 Form 18: Executor’s Checklist 38 Form 19: General Notice of Death 38 Form 20: Obituary Information Fact Sheet 39 Form 21: Notice to Deceased’s Homeowners’ Insurance Company 40 Form 22: Notice to Deceased’s Vehicle Insurance Company 40 4 Renting a Place to Live Form 23: Apartment-Finding Service Checklist 44 Form 24: Rental Application 45 Form 25: Fixed-Term Residential Lease and Form 26: Month-to-Month Residential Rental Agreement 46 Form 27: Landlord-Tenant Agreement to Terminate Lease 48 Form 28: Consent to Assignment of Lease 49 Form 29: Landlord-Tenant Checklist 49 Form 30: Notice of Needed Repairs 50 Form 31: Tenant’s Notice of Intent to Move Out 51 Form 32: Demand for Return of Security Deposit 51 5 Borrowing or Lending Money Form 33: Loan Comparison Worksheet 54 Form 34: Authorization to Check Credit and Employee References 54 Form 35: Monthly Payment Record 56 Forms 36–40: Promissory Notes 56 Form 36: Promissory Note—Installment Payments With Interest 58 Form 37: Promissory Note—Installment Payments With Interest and Balloon Payment 59 Form 38: Promissory Note—Installment Payments Without Interest 60 Form 39: Promissory Note—Lump Sum Payment With Interest 60 Form 40: Promissory Note—Lump Sum Payment Without Interest 61 Form 41: Cosigner Provision 61 Forms 42–45: Security Agreements 61 Form 42: Security Agreement Provision for Promissory Note 62 Form 43: Security Agreement 63 Form 44: U.C.C. Financing Statement 63 Form 45: Release of U.C.C. Financing Statement 64 Form 46: Agreement to Modify Promissory Note 64 Form 47: Overdue Payment Demand 65 Form 48: Demand to Make Good on Bad Check 65 6 Buying a House Form 49: Ideal House Profile 68 Form 50: House Priorities Worksheet 69 Form 51: House Comparison Worksheet 70 Form 52: Family Financial Statement 70 Form 53: Monthly Carrying Costs Worksheet 73 Form 54: Mortgage Rates and Terms Worksheet 74 Form 55: Moving Checklist 78 7 Buying or Selling a Car, Dog, or Other Personal Property Form 56: Motor Vehicle Bill of Sale 80 Form 57: Boat Bill of Sale 81 Form 58: Computer System Bill of Sale 82 Form 59: General Bill of Sale 82 Form 60: Bill of Sale for Dog 83 8 Renting Personal Property and Storing Goods Form 61: Personal Property Rental Agreement 86 Form 62: Notice of Termination of Personal Property Rental Agreement 87 Form 63: Storage Contract 87 9 Home Repairs and Maintenance Form 64: Home Maintenance Agreement 91 Form 65: Home Repairs Agreement 92 Form 66: Contractor Mid-Job Worksheet 92 10 Handling Personal Finances Form 67: Daily Expenses 96 Form 68: Monthly Income 97 Form 69: Monthly Budget 97 Form 70: Statement of Assets and Liabilities 98 Form 71: Assignment of Rights 98 Form 72: Notice to Terminate Joint Account 99 Form 73: Notice to Stop Payment of Check 100 Form 74: Request for Credit Report 101 Form 75: Dispute Incorrect Credit Report Entry 102 Form 76: Dispute Credit Card Charge 103 Form 77: Demand Collection Agency Cease Contact 104 11 Dealing With Junk Mail and Telemarketing Calls Form 78: Notice to Remove Name From List 107 Form 79: Notice to Add or Retain Name but Not Sell or Trade It 109 Form 80: Telemarketing Phone Call Log 109 Form 81: Notice to Put Name on Company’s “Do Not Call” List 110 Form 82: Demand for Damages for Excessive Calls 111 12 Hiring Child Care, Elder Care, or Household Help Form 83: Child Care Agreement 116 Form 84: Child Care Instructions 118 Form 85: Elder Care Agreement 119 Form 86: Housekeeping Services Agreement 119 13 Living Together Form 87: Agreement to Keep Property Separate 122 Form 88: Agreement for a Joint Purchase 123 Form 89: Agreement to Share Property 124 Form 90: Declaration of Legal Name Change 125 14 Settling Legal Disputes Form 91: Demand Letter 128 Form 92: Online Auction Buyer Demand Letter 129 Form 93: Request for Refund or Repair of Goods Under Warranty 130 Form 94: Accident Claim Worksheet 132 Forms 95–100: Releases 132 Form 95: General Release 134 Form 96: General Mutual Release 135 Form 97: Release for Damage to Real Estate 135 Form 98: Release for Property Damage in Auto Accident 135 Form 99: Release for Personal Injury 135 Form 100: Mutual Release of Contract Claims 136 15 Miscellaneous Forms for Personal Use Form 101: Complaint Letter 138 Form 102: Notice of Insurance Claim 139 Form 103: Notice to Cancel Certain Contracts 140 Form 104: Cancel Membership or Subscription Notice 141 Form 105: Request to Begin Special Education Process 142 Form 106: Identity eft Worksheet 143 A Appendix A: How to Use the CD-ROM Installing the Form Files Onto Your Computer 148 Using the Word Processing Files to Create Documents 148 List of Files Included on the CD-ROM 151 B Appendix B: Tear-Out Forms 155 Index 355 I INTRODUCTION How to Use is Book Filling in the Contracts and Forms 3 Editing the Forms 4 Selecting From Several Choices 4 Deleting Clauses or Phrases 4 Adding Clauses or Language 5 Describing People, Property, and Events 5 Signing the Forms 7 Notarization 7 Spouse’s Signature 7 Resolving Disputes 8 Do You Need a Lawyer? 10 2 | 101 LAW FORMS FOR PERSONAL USE T his book provides more than 100 ready-to-use forms and contracts for a variety of everyday legal and practical transactions that most Americans can safely handle without formal legal help. Among the forms included are those necessary to write a simple will, settle minor legal disputes, prepare a power of attorney document, lend or borrow money, rent a place to live, request your credit report, and sell a used car. Forms are also included to hire someone to do home repairs, to care for your children, and for a variety of other purposes. Many of the forms in this book are primarily designed for your personal use, such as the Apartment-Finding Service Checklist or Loan Comparison Worksheet. But other forms, such as the Elder Care Agreement, are contracts, designed for two or more parties to create a legally enforceable agreement. Unlike com- mercial contracts used to buy a house or sign up with a health maintenance organization, which e Importance of Getting Contracts in Writing e most important rule when making any business agreement or transaction is this: Get it in writing. In a few situations—such as a contract to buy or sell real estate—you must have a written agreement for it to be legally enforceable. Similarly, a contract that can’t be performed within one year of when it’s made must be written. But even when an oral contract is legal, there are many practical reasons why you want to write it down. Two years from now, you and the other people involved in any transaction are likely to have significantly different recollections about what you agreed to. So putting your agreement into black and white is an important memory aid. And a well-drafted contract has several other important benefits. For one, it serves as a framework for settling disputes. If this proves impossible and a court contest ensues, it will be far easier to prove the terms of a written contract than an oral one. Another important benefit of drafting a written agreement is that the act of putting a contract together can help you and the other parties focus on all key legal and practical issues, some of which might otherwise be overlooked. By starting this process with a well-designed form—like those in this book—you increase your chances of creating a thorough and useful document. almost always consist of pages full of hyped-up legalese, the contracts in this book are written in everyday (but legal) language. ey are designed to describe and define a transaction, such as designating a temporary guardian for your child, with a reasonable level of specificity—without sacrificing the important virtues of clarity and simplicity. Don’t worry that because our contracts are jargon-free, they might be less valid than others. In general, as long as two parties—business entities or people—exchange promises to each do something of benefit for the other, a valid contract is formed. A contract will usually be enforced as long as all of the following requirements are met: • etermsarespecicenough.e contract must be clear and detailed enough so that an arbitrator or judge can sensibly decide who is right. For example, a house painting agreement that says “John the Painter [...]... 101 LAW FORMS FOR PERSONAL USE 3 Use the forms in this book to evaluate similar forms and contracts if someone drafts a contract and presents it to you to sign, you can use a corresponding form in this book as a checklist to make sure that the proposed contract has all the recommended ingredients if it doesn’t, use the form in this book as a model to suggest modifications or additions Editing the Forms. .. your behalf ● 2 C H APT E R Basic Estate Planning Form 11: Property Worksheet 28 Form 12: Beneficiary Worksheet 29 Forms 13 and 14: Basic Wills 30 Form 13: Will for Adult With No Child(ren) 32 Form 14: Will for Adult With Child(ren) 32 28 | 101 law forms for personal use M aking arrangements for what will happen to your property after you die... Some forms ask you to name people or describe events or property here’s the best way to do this People where you are asked to insert the name, address, and other identifying information for a person, use that person’s legal name— the name on a driver’s license—and home street Example of How to Delete a Clause (Clause 16 of Form 25, Fixed-Term Residential Lease) 6 | 101 law forms for personal use How... will use a form, and the instructions for completing the form itself You can use the forms provided in this book in at least three ways: 1 Use the Forms CD-ROM All the forms are c ­ ontained on the accompanying disk If you have access to a computer, the most efficient approach is to fill in and print a desired form using the computer’s wordprocessing program, customizing the form as needed 2 Use the... ­ otarized, you must go to the notary before signing it (See the introduction for general advice on having a form notarized.) Notarization will add a measure of legal credibility, but it isn’t always necessary Practically speaking, a notarized form is likely to be more readily accepted by others 14 | 101 law forms for personal use Form 3: Authorization for Foreign Travel With Minor Your child is unlikely... Authority to Care for Children, Pets, and Property Form 1: Temporary Guardianship Authorization for Care of Minor .12 Form 2: Authorization for Minor’s Medical Treatment 13 Form 3: Authorization for Foreign Travel With Minor 14 Form 4: Housesitting Instructions 14 Form 5: Children’s Carpool Agreement 15 Form 6: Pet Care Agreement 16 Form 7: Authorization... Pet Care Agreement 16 Form 7: Authorization to Drive a Motor Vehicle 16 Form 8: Power of Attorney for Finances (Limited Power) 17 Form 9: Power of Attorney for Real Estate 21 Form 10: Notice of Revocation of Power of Attorney 25 12 | 101 law forms for personal use H uman beings can be distinguished from the rest of the animal kingdom in one fundamental... the forms in this book may meet your needs perfectly all you will need to do is fill in a few blanks and sign it but for some forms, you’ll want to make some changes—such as adding or deleting language or clauses here’s how Selecting From Several Choices many of our forms contain one or more clauses requiring that you choose among several options, such as the method of payment for the work being performed... lives in the next cottage as her permanent home Ann and June agree that b ­ ecause June is on the spot she’ll take care of renting Ann’s cottage, collecting rent, and paying all house bills and costs Ann prepares a power of attorney for real estate giving June authority to represent Ann for 22 | 101 law forms for personal use all transactions concerning her property at 20 Heron Lake Road Ann specifies... serious document, and to make it effective you must observe certain formalities when you sign it Fortunately, these requirements aren’t difficult to meet You must sign your power of attorney in the presence of a notary public for your state See the introduction for instructions on having a document notarized 24 | 101 law forms for personal use Witnesses The Attorney-in-Fact’s Signature Most states don’t . (pbk.) 1. Forms (Law) United States Popular works. I. Leonard, Robin. II. Title. III. Title: One hundred one law forms for personal use. IV. Title: One hundred and one law forms for personal use. . 5 Signing the Forms 7 Notarization 7 Spouse’s Signature 7 Resolving Disputes 8 Do You Need a Lawyer? 10 2 | 101 LAW FORMS FOR PERSONAL USE T his book provides more than 100 ready-to -use forms and. witnessed. 4 | 101 LAW FORMS FOR PERSONAL USE 3. Use the forms inthisbooktoevaluate similar forms andcontracts. If someone drafts a contract and presents it to you to sign, you can use a corresponding