As there are many different Deed structures, the original deed must be carefully examined to determine the authority available to transfer the property. [ Read More... →]
Entries from August 2011
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. [ Read More... →]
Can the Signature on a Promissory Note Be Required After-the-Fact for a Loan Made by Verbal Agreement?
Verbal contracts can be as valid as written ones, including verbal contracts made for loans. [ Read More... →]
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. [ Read More... →]
Last Will and Testament Questions · August 23rd, 2011
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. [ Read More... →]
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. [ Read More... →]
Last Will and Testament Questions · August 17th, 2011
In most cases the Executor of a Last Will and Testament is required to provide a report to the probate court regarding the administration of the estate.
If an asset listed in the Will cannot be located, that asset would be included within this report. [ Read More... →]
Last Will and Testament Questions · August 9th, 2011
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. [ Read More... →]
The granting of Power of Attorney is solely the choice of the individual; no one can ‘force’ another to provide Power of Attorney to another except through a court-ordered action, which is a complicated process. [ Read More... →]
Power of Attorney Questions · August 3rd, 2011