NexPhase Answers · 25 questions
Plain-language answers to the questions people actually ask
No jargon, no sales pitch, no legal advice. Each answer ends with a free self-assessment if you want to see where you stand.
Wills and estate
3 minute read
What happens if I don't have a will?
If you die without a will, state law decides who receives what, and a court decides other questions you would otherwise have answered yourself.
Read the answer →
3 minute read
What's the difference between a will and a trust?
A will gives instructions that take effect when you die and usually go through probate. A trust holds property now and can pass it on without probate. Most people who have a trust also have a will.
Read the answer →
3 minute read
What is a power of attorney, and do I need one?
A power of attorney lets someone you choose act for you while you are alive. Without one, a family member may have to go to court to do things as ordinary as paying your bills.
Read the answer →
3 minute read
Do I need a healthcare directive or living will?
A healthcare directive says who speaks for you and what you want if you cannot tell doctors yourself. It matters at any adult age, not just in later life.
Read the answer →
3 minute read
What is probate and how long does it take?
Probate is the court process for settling someone's estate. How long it takes depends on the state, the size of the estate and whether anyone disputes it.
Read the answer →
Family
3 minute read
How do I choose a guardian for my children?
Naming a guardian in your will tells a court who you would want raising your children. Without it, the court chooses from whoever comes forward.
Read the answer →
3 minute read
Do I need a lawyer for an uncontested divorce?
Many states allow couples who agree on everything to file themselves. The question is whether you really agree on everything, including the parts nobody has raised yet.
Read the answer →
Renting
3 minute read
Can my landlord keep my security deposit?
A landlord can usually deduct for unpaid rent and damage beyond normal wear and tear — but most states set a deadline and require an itemised list.
Read the answer →
3 minute read
What are my rights if my landlord won't make repairs?
Most states require rented homes to be safe and habitable. What you can do about it — and what you must not do — depends heavily on your state.
Read the answer →
3 minute read
Can my landlord evict me without notice?
Eviction is a court process. A landlord generally cannot change the locks, remove your belongings or shut off utilities to force you out.
Read the answer →
Traffic
3 minute read
Should I just pay my speeding ticket?
Paying a ticket is normally an admission. The fine is often the smallest part of the cost once points, insurance and licence status are counted.
Read the answer →
3 minute read
What happens if I get a traffic ticket in another state?
An out-of-state ticket usually follows you home. Ignoring it is the option that causes the most trouble, because states share this information.
Read the answer →
Debt
3 minute read
What can debt collectors legally do?
Third-party collectors are regulated by federal law. They can contact you and sue you, but there are limits on how, when and what they can say.
Read the answer →
3 minute read
How do I stop debt collector calls?
Under federal law you can tell a collector in writing to stop contacting you. It stops the calls — but it does not make the debt go away.
Read the answer →
3 minute read
What is a debt validation letter?
It is a written request asking a collector to prove the debt is yours and the amount is right. Sent in time, it pauses collection until they respond.
Read the answer →
Employment
3 minute read
Can I be fired without a reason?
In most of the United States employment is at will, so an employer can end it without giving a reason. What they cannot do is end it for an illegal reason.
Read the answer →
3 minute read
What counts as workplace retaliation?
Retaliation is an employer punishing you for doing something the law protects. It is one of the most frequently raised workplace complaints.
Read the answer →
3 minute read
Should I sign a severance agreement?
Severance is normally payment in exchange for giving up your right to sue. Whether that is a good trade depends on what you would be giving up.
Read the answer →
Identity theft
Small business
3 minute read
Do I need a lawyer to start an LLC?
In most states you can file the paperwork for an LLC yourself. Whether you should talk to an attorney depends less on the filing and more on what happens after it.
Read the answer →
3 minute read
LLC vs sole proprietor — what's the difference?
A sole proprietorship is you, trading. An LLC is a separate legal entity you own. The difference matters most when something goes wrong or when other people get involved.
Read the answer →
3 minute read
Do I need an operating agreement for my LLC?
Only some states require one, but an operating agreement is the document that decides what happens when owners disagree — which is exactly when nobody wants to be negotiating.
Read the answer →
3 minute read
Should I have a written contract for every client?
Verbal agreements can be binding, but they are hard to prove and easy to remember differently. A short written agreement solves most of the disputes small businesses actually have.
Read the answer →
Legal costs
Contracts
Are you a LegalShield associate? Read the NexPhase Guides →
This page is general education, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and every situation is different. For advice about your own situation, speak with a licensed attorney.
NexPhase is an independent platform and is not affiliated with, endorsed by, or sponsored by LegalShield or Pre-Paid Legal Services, Inc. LegalShield is a registered trademark of PPLSI.