Monthly Archives: August 2011

Can a Person With Power of Attorney Transfer Real Estate Using a Quitclaim Deed?

A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.

Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).

So intent matters.  Continue reading Can a Person With Power of Attorney Transfer Real Estate Using a Quitclaim Deed?

Can I Act as the Named Executor on a 20+ Year Old Will from my Now Deceased Ex-Spouse?

Any Last Will and Testament that is in possession of the Executor or Executrix can be submitted to the probate court for administration upon the death of the Maker.  How that Will will be treated by the Probate Court depends upon a number of issues. Continue reading Can I Act as the Named Executor on a 20+ Year Old Will from my Now Deceased Ex-Spouse?

Can I File for Business LLC or Incorporation In One State and Live In Another?

For the purposes for forming a general business Corporation or filing for Limited Liability Company (LLC) status, there are no requirements that a person be a resident of the state in which the company is to be formed.

But there is one requirement for most states that must be managed. Continue reading Can I File for Business LLC or Incorporation In One State and Live In Another?

What is Required to Cash Checks of a Deceased Person as the Executor of a Will?

In most cases, a letter of administration (or a similarly named document) will be issued by the probate court that is administering the estate of the deceased.

That document will provide the authority to the Executor to conduct business on behalf of the estate, and would be accepted by most banks and other property and financial service providers.

Thus, a probate case must be initiated to obtain such a letter. Continue reading What is Required to Cash Checks of a Deceased Person as the Executor of a Will?

Are Fax Copies of Signed Documents Legally Enforceable and Acceptable?

Facsimile versions of documents — or scanned and emailed documents or PDF files — are generally acceptable for use in legal proceedings to enforce contracts or obligations and, as such, can be relied upon by the recipient.

But one sticking point does exist. Continue reading Are Fax Copies of Signed Documents Legally Enforceable and Acceptable?