Nolo’s Encyclopedia of Everyday Law Answers to Your Most Frequently Asked Legal Questions edited by Attorneys Shae Irving, Kathleen Michon and Beth McKenna 4th edition About Nolo Have a legal question? Chances are Nolo can help you answer it, both in print and online. For three decades, Nolo's mission has been to help people solve their legal problems with confidence, a minimum of fuss and expense, and—whenever possible—without a lawyer. Over the years, we’ve offered every tool available to help you get the job done. In the 70s, we began publishing practical, plain-English books containing all the forms and step-by-step instructions necessary to tackle day-to-day legal tasks. In the 80s, when personal computers took the world by storm, we got to work and developed programs such as WillMaker and Living Trust Maker, which took advantage of the speed and convenience of all those bits and bytes. We also added form-packed disks and CDs to many of our books. 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No book, software or other published material is a substitute for personalized advice from a knowledgeable lawyer licensed to practice law in your state. Nolo’s Encyclopedia of Everyday Law Answers to Your Most Frequently Asked Legal Questions edited by Attorneys Shae Irving, Kathleen Michon and Beth McKenna 4th edition iv Keeping Up to Date To keep its books up to date, Nolo issues new printings and new editions periodically. New printings reflect minor legal changes and technical corrections. New editions contain major legal changes, major text additions or major reorganizations. To find out if a later printing or edition of any Nolo book is available, call Nolo at 510-549-1976 or check our website at http://www.nolo.com. To stay current, follow the “Update” service at our website: http://www.nolo.com/lawstore/ update/list.cfm. In another effort to help you use Nolo’s latest materials, we offer a 35% discount off the purchase of the new edition of your Nolo book when you turn in the cover of an earlier edition. This book was last revised in: May 2002. Fourth Edition May 2002 Editors Shae Irving, Kathleen Michon & Beth McKenna Cover Jaleh Doane Book Design Linda Marie Wanczyk & Jackie Mancuso Production Susan Putney & Sarah Hinman Index Nancy Mulvany Proofreader Robert Wells Printer Bertelsmann Services, Inc. Nolo's encyclopedia of everyday law : answers to your most frequently asked legal questions / edited by Shae Irving, Kathleen Michon, and Beth McKenna - 4th ed. p. cm. Includes index. ISBN 0-87337-830-X 1. Law- -United States- -Popular works. 2. Law- - United States- -Miscellanea. I. Irving, Shae. II. Michon, Kathleen, 1966- III. McKenna, Beth. KF387.N65 2002 349.73- -dc21 2002024251 ALL RIGHTS RESERVED. Printed in the U.S.A. Copyright © 1996, 1999 and 2002 by Nolo. 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 the prior written permission of the publisher and the authors. 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. 800-955-4775, Nolo, 950 PARKER ST., BERKELEY, CA, 94710. v Dedication For Edward F. Dolan Acknowledgments First things first—thanks to Jake Warner for thinking up the project and providing the support to get it done. And thanks to all the Nolo editors who kept us (and the book) on track, particularly Robin Leonard, for rising above the call of duty, Mary Randolph for her eminent good judgment and Steve Elias for his relentless and contagious enthusiasm. For diligent research help, we’d like to thank Ella Hirst, Naomi Starkman and Peri Pakroo. For helping manage the changes through draft after draft of the earlier editions, thanks go to Susan Cornell and Stephanie Harolde. Jackie Mancuso made the book look great. Jaleh Doane, Susan Putney and Linda Marie Wanczyk brought their sharp minds and good humor to the design process, and made the whole thing even easier. Finally, we’re grateful to every Nolo author and editor whose fine work has shaped these pages. You’ll find many of these talented folks listed in the Contributors section on the following page. But we want to give special thanks to: Paul Bergman and Sara Berman-Barrett, authors of Represent Yourself in Court and The Criminal Law Handbook David W. Brown, author of How to Change Your Name and Beat Your Ticket: Go to Court and Win! Stephen Colwell and Ann Shulman, authors of Trouble Free Travel…And What to Do When Things Go Wrong Frederick W. Daily, author of Stand Up to the IRS, Tax Savvy for Small Business and Surviving an Audit James Evans, author of Law on the Net and Government on the Net Cora Jordan, author of Neighbor Law: Fences, Trees, Boundaries & Noise and co-author (with Denis Clifford) of Plan Your Estate Mimi E. Lyster, author of Child Custody: Building Agreements That Work Joseph Matthews, author of How to Win Your Personal Injury Claim and co-author (with Dorothy Matthews Berman) of Social Security, Medicare and Pensions Tanya Starnes, author of Mad at Your Lawyer Fred S. Steingold, author of The Legal Guide for Starting & Running a Small Business and The Employer’s Legal Handbook. vi Contributors Denis Clifford (Estate and Gift Taxes). Denis is the author of several Nolo books, including Nolo’s Will Book, The Quick & Legal Will Book, Plan Your Estate (with Cora Jordan) and The Partnership Book (with Ralph Warner). A graduate of Columbia Law School, where he was an editor of The Columbia Law Review, Denis has practiced law in various ways, and is convinced that people can do much of their own legal work. Amy DelPo (Workplace Rights, Travel, Retirement Plans). Amy has been an editor at Nolo since January 2000. She specializes in workers’ rights, sexual harass- ment law, employment law, criminal law and civil litigation. She brings more than six years of criminal and civil litigation experience to her work at Nolo, having litigated cases in all levels of state and federal courts, including the California Supreme Court and the United States Supreme Court. Amy received her law degree with Honors from the University of North Carolina at Chapel Hill. Stephen R. Elias (Patents, Copy- rights, Trademarks, Criminal Law, Legal Research). Steve received a law degree from Hastings College of the Law in 1969. He has practiced law in California, Vermont and New York, working for a variety of programs delivering legal services to the poor. In 1980, he discovered Nolo and, referring to himself as a recovering lawyer, has never looked back. Steve has authored, co-authored or edited over 30 Nolo titles covering such topics as family law, patents, copyrights, trademarks and bankruptcy. Lisa Guerin (Employers’ Rights and Responsibilities). During her years as a law student at Boalt Hall School of Law at the University of California at Berkeley, Lisa worked for Nolo as a research and editorial assistant. After a stint as a staff attorney at the U.S. Court of Appeals for the Ninth Circuit, Lisa has worked primarily in the field of employment law, in both government and private practice. Lisa recently rejoined the staff at Nolo, where she is the co-author of Nolo’s Pocket Guide to California Law. Shae Irving (Durable Powers of Attorney for Finances, Wills and Estate Planning). Shae graduated from Boalt Hall School of Law at the University of California at Berkeley in 1993 and began working for Nolo in 1994. She has written extensively on durable powers of attorney and other estate planning issues. She edits many other Nolo titles, including Plan Your Estate and Make Your Own Living Trust. Bethany K. Laurence (Small Businesses). Beth graduated from Hastings College of the Law at the University of California in 1993. She spent several years working for a corporate legal publisher before coming to Nolo. She joined Nolo’s editorial staff in 1997 and has never been happier. Beth is the co-author of Nolo’s How to Create a Buy-Sell Agreement & Control the Destiny of Your Small Business and the editor of several Nolo publications, includ- ing The Small Business Start-Up Kit, Nolo’s California Quick Corp and Nolo’s Quick LLC. Robin Leonard (Your Money, Cars and Driving, Traveling, Spouses and Partners, Dealing With Your Lawyer). Robin specializes in debt, credit, bank- ruptcy and family law. She earned her law degree from Cornell Law School in 1985. vii Robin is the author (or co-author) of many Nolo books, including Money Troubles: Legal Strategies to Cope With Your Debts, How to File for Bankruptcy, Nolo’s Pocket Guide to Family Law, Take Control of Your Student Loans and Credit Repair. Deanne Loonin (Your Money). Deanne works with Nolo on debt and credit issues. She is also a staff attorney with the National Consumer Law Center (NCLC) in Boston. Prior to joining Nolo and NCLC, she directed Bet Tzedek Legal Service’s senior consumer fraud unit in Los Angeles. Deanne is the co-author of Surviving Debt: A Guide for Consumers (NCLC) and Money Troubles (Nolo). Peter Lovenheim (Mediation). A 1979 graduate of Cornell Law School, Peter has been an active mediator since 1986 and is founder and president of a private dispute resolution service. He is the author of Mediate, Don’t Litigate (McGraw-Hill), Reading Between the Lines: New Stories From the Bible, with co-editor David Katz (Jason Aronson), and Mediate Your Dispute (Nolo). Peter lives in Rochester, New York, with his wife and three children. Anthony Mancuso (Nonprofit Corporations). Tony is a California attorney and the author of Nolo’s best-selling corporate law series, including How to Form Your Own Corporation (California, Texas, New York and computer editions). He is also the author of Nolo’s Taking Care of Your Corporation series and the book How to Form a Nonprofit Corporation. Tony is a jazz guitarist and a licensed helicopter pilot. Beth McKenna (Criminal Law and Procedure, Changing Your Name). Beth received her law degree from Stanford Law School. Before coming to Nolo, she worked as a public defender for five years, concen- trating in appellate and habeas corpus law. She is Nolo’s criminal law editor and is responsible for Nolo’s best-selling Quicken Lawyer Personal software. Kathleen Michon (Cars and Driv- ing, Legal Research, Retirement Plans). Kathleen graduated cum laude from Northwestern University School of Law in 1993. Prior to joining Nolo’s editorial staff, Kathleen was the Directing Attorney of Public Counsel’s Consumer Rights Project. She is the editor of Nolo’s debt and credit books, including Credit Repair and Money Troubles, and is a co- author of How to File for Chapter 7 Bankruptcy. Shannon Miehe (Small Businesses, Dealing With the IRS). Shannon graduated from the University of Southern California Law School. She then spent several years representing small and mid-size entrepre- neurial companies in connection with mergers, acquisitions and business forma- tion issues. At Nolo, Shannon edits small business products, including Legal Forms for Starting & Running a Small Business, The Partnership Book and How to Form Your Own California Corporation. Janet Portman (Landlords and Tenants). Janet received undergraduate and graduate degrees from Stanford University and a law degree from the University of Santa Clara. She was a public defender before coming to Nolo. Janet is Nolo’s Publisher and the editor of several Nolo books, including Legal Research: How to Find & Understand the Law and The Criminal Records Book. She is the co-author of Nolo’s Every Landlord’s Legal Guide, Every Tenant’s Legal Guide and Renters’ Rights. viii Mary Randolph (Deeds, Neigh- bors, Wills and Estate Planning). Mary has been editing and writing Nolo books and software for more than a decade. She earned her law degree from Boalt Hall School of Law at the University of California at Berkeley, and her undergraduate degree at the University of Illinois. She is the author of Dog Law, The Deeds Book, 8 Ways to Avoid Probate and other Nolo materials. Barbara Kate Repa (Workplace Rights, Employers’ Rights and Responsi- bilities, Funeral Planning and other Final Arrangements, Body and Organ Donations, Healthcare Directives, Older Americans, Traffic Accidents). Barbara Kate, a lawyer, has written several books for Nolo, includ- ing Your Rights in the Workplace, and Sexual Harassment on the Job. Linda Robayo (Spouses and Partners, Parents and Children). Linda graduated from Boston College in 1989 and Seton Hall University School of Law in 1995. Linda practiced law with the Community Health Law Project and Ocean-Monmouth Legal Services in New Jersey for three years. She is currently a public relations executive for the Center for Reproductive Law and Policy in New York City. Linda has written articles for Nolo and has been published in national publications such as Good House- keeping and Mademoiselle. Spencer Sherman (Older Americans). Spencer has edited several Nolo books, including Beat Your Ticket, Fight Your Ticket (California Edition), How to Get a Green Card and U.S. Immigration Made Easy. A journalist for many years, he reported on legal issues in California and from the U.S. Supreme Court. Marcia Stewart (Houses, Landlords and Tenants). Marcia is an expert on land- lord-tenant law, buying and selling houses and other issues of interest to consumers. She is the co-author of Nolo’s Every Landlord’s Legal Guide, Every Tenant’s Legal Guide, Renters’ Rights, Leases & Rental Agreements and editor of Nolo’s LeaseWriter software for landlords. Richard Stim (Patents, Copyrights, Trademarks). Rich graduated from the University of San Francisco Law School in 1984 and worked in private practice for 16 years until joining Nolo as an editor in 2000. He is the author of License Your Invention, Getting Permission, Music Law, and is the co-author with David Pressman of Nolo’s Patents for Beginners. Ralph Warner (Courts and Media- tion). Ralph is the co-founder and Publisher of Nolo. He is the author (or co-author) of a number of Nolo books, including Every Landlord’s Legal Guide, Everybody’s Guide to Small Claims Court, The Partnership Book and Get a Life: You Don’t Need a Million to Retire Well. Ralph is a lawyer who became fed up with the legal system and as a result has dedicated his professional life to making law more accessible and affordable to all Americans. [...]... to just one of them l l l l —J FEIDOR REES 1 15 I’m confused by all the different kinds of deeds—quitclaim deed, grant deed, warranty deed Does it matter which kind of deed I use? Probably not Usually, what’s most important is the substance of the deed: the description of the property being transferred and the names of the old and new owners Here’s a brief rundown of the most common types of deeds: A... visions of an offer: l • price—you want more money • financing—you want a larger down l payment • occupancy—you need more time to l move out l • buyer’s sale of current house—you don’t want to wait for this to occur l • inspections—you want the buyer to l schedule them more quickly A contract is formed when either l you or the buyer accept all of the terms l of the other’s offer or counteroffer in... of your house without spending much money—a new shower curtain and towels might really spruce up your bathroom l l l Do I need to take the first offer l that comes in? Offers, even very attractive ones, are l rarely accepted as written More typi- l cally, you will respond with a written counteroffer accepting some, maybe l even most, of the offer terms, but l proposing certain changes Most counteroffers... prices online for many cause l and dealawith everything that mightcare areas of the country, based on inforinjury to prospective buyer Take mation from County Recorder’s Of- l of real eyesores, such as a cracked fices and property assessors See the window or overgrown front yard Don’t list of recommended websites at the l overlook small but obvious problems, end of this chapter l such as a leaking faucet... typically regulate (cap) how much and how often the interest rate and/or payments can change in a year and over the life of the loan A number of variations are available for adjustable rate mortgages, including hybrids that change from a fixed to an adjustable rate after a period of years A good loan officer or loan broker will walk you through all mortgage options and tradeoffs such as higher fees (or points)... the deed in the land records office in the l county where the property is located This office goes by different names in l different states; it’s usually called the l County Recorder’s Office, Land Registry Office or Register of Deeds In l most counties, you’ll find it in the l courthouse Recording a deed is simple Just l take the signed, original deed to the land records office The clerk will take l... is building l Many developers of new housing will help you arrange financing; some l will also pay a portion of your monthly l mortgage or subsidize your interest payments for a short period of time l (called a “buydown” of the mortgage) l As with any loan, be sure you comparison shop before arranging financ- l ing through a builder l Also, be sure to negotiate the prices of any add-ons and upgrades,... give you a good estimate of l for Sale what your house should sell for Many l Making your house look as attractive as real estate agents will offer this service free, hoping that you will list your l possible may put several thousand dollars house with them You can also hire a l in your pocket Sweep the sidewalk; mow professional real estate appraiser to the lawn; put some pots of blooming give you a... WHAT ARE MY RIGHTS IF I’M FIRED l Internet of this book as a desk referFROM MY JOB? Think ence—a little encyclopedia that l Do I really need to make a will? puts it l unpacks the law andyou can in your hands in a language underWhat should I do if I can’t pay the child stand But remember that the law l changes constantly as legislatures pass support I owe? l new laws and courts hand down their And so on... very little chance of your offer being accepted H O U S E S How important is my credit history in getting loan approval? Your credit history has an important effect on the type and amount of loan lenders offer you When reviewing loan applications and making financing decisions, lenders typically request your credit risk score from the credit bureaus This score is a statistical summary of the information . No book, software or other published material is a substitute for personalized advice from a knowledgeable lawyer licensed to practice law in your state. Nolo’s Encyclopedia of Everyday Law Answers. co-author of Nolo’s Pocket Guide to California Law. Shae Irving (Durable Powers of Attorney for Finances, Wills and Estate Planning). Shae graduated from Boalt Hall School of Law at the University of. and software for more than a decade. She earned her law degree from Boalt Hall School of Law at the University of California at Berkeley, and her undergraduate degree at the University of Illinois.