There is no legal requirement that an attorney-in-fact must take active steps to notify creditors regarding the personal or financial situations of the maker of the Power of Attorney document in advance.
Are Witnesses Required for the Signing of a Last Will and Testament?
In nearly every USA state, a person\’s Last Will and Testament must be signed by the person making the Will (the Testator) and by at least two other persons who are acting as witnesses.
Are Mineral Rights Included In a Land Contract That Does Not Expressly Cover Them?
The answer to whether or not mineral rights are conveyed with the property in a Land Contract situation where said rights aren’t expressly covered may depend upon state law — or a court’s interpretation of state law.
Can a Second Mortgage Be Discarded in Personal Bankruptcy?
If a piece of real estate has more than one mortgage attached and the owner is in the process of filing personal bankruptcy, how the mortgages and property will be treated depends upon the type of bankruptcy filing being created and the intent of the owner with regards to staying in or walking away from the property.
How Do Beneficiaries Change the Deed of a Property Intended for a Trust That Was Not Transferred Before Our Father’s Death?
A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.
Can My Mother Grant Power of Attorney for Both of My Parent’s Assets if Both Are Quite Old and Ailing?
Such a determination is solely dependent upon the person granting the Power of Attorney and his or her physical and mental condition.
Can a Divorced Woman Sign a Quitclaim Deed With Her Maiden Name if the Original Deed Was Signed Using a Married Name?
Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title.
Can a Foreigner Grant Power of Attorney to a USA Citizen to Conduct Business in America?
Short answer: yes. Unless the action sought to be done via the power of attorney is one that is prohibited by law (i.e. due to federal banking regulations or U.S. Security rules), a foreign citizen can issue a power of attorney to an American citizen to perform or undertake various legal and business actions on the maker’s behalf.
Does Standard Legal’s Bankruptcy Package Contain a List of Maximimum Expenses That Can Be Claimed in a Filing?
There is no such thing as a ‘list of maximum allowable expenses’ in any documentation provided by Standard Legal — or the Court, for that matter — for a personal bankruptcy filing.
When a Person Gives Power of Attorney to Another, Is the Maker Prevented from Conducting Legal Business?
The maker of a Power of Attorney document is not giving up the right to do anything on his or her own behalf after naming a Power of Attorney or executing the document.