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Entries from August 2011

Can A Family Member with 50% Ownership Transfer Property Without My Knowledge?

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... →]

Pro Se Law and Self Representation Questions · Quitclaim and Warranty Deed Questions  ·  August 31st, 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.  [ Read More... →]

Power of Attorney Questions · Quitclaim and Warranty Deed Questions  ·  August 30th, 2011

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... →]

Pro Se Law and Self Representation Questions · Promissory Note Questions  ·  August 25th, 2011

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. [ Read More... →]

Last Will and Testament Questions  ·  August 23rd, 2011

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. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  August 18th, 2011

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. [ Read More... →]

Last Will and Testament Questions  ·  August 17th, 2011

What if an Executor of a Will Cannot Locate a Listed Asset?

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

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. [ Read More... →]

General Questions · Pro Se Law and Self Representation Questions  ·  August 4th, 2011

How Can I Make a Sick Relative Provide Power of Attorney?

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