Showing posts with label Estate. Show all posts
Showing posts with label Estate. Show all posts

Friday, December 17, 2010

Real Estate Power of Attorney

A real estate Power of Attorney grants legal authority to another party or agent to make financial decisions regarding the principal's real property, including purchase and sale. In particular, the Power of Attorney provides the authority to negotiate, purchase, sell, convey, transfer, mortgage, preserve, or dispose of the real estate property (or properties) mentioned in the form.

The agent may manage the principal's real estate property; sell, convey and mortgage realty for prices and on terms as considered prudent; foreclose mortgages and take title to property in the principal's name; and implement deeds, mortgages, releases, satisfactions and other instruments relating to realty.

A real estate Power of Attorney is limited only to the extent that it grants authority only for real estate transactions; however, the powers granted in that regard are quite broad so the principal must grant such powers only to someone he or she trusts unconditionally. He must be confident that the agent will act in his or her best interests, keep accurate records, keep his or her property separate from the agent's properties and avoid conflicts of interest. Otherwise, the principal could be in danger of losing the real estate to a dishonest individual.

Any Power of Attorney that deals with the transfer of real estate must be notarized because the Power of Attorney needs to be recorded along with the transfer documents. All previous Power of Attorney documents relating to the property (or properties) are immediately annulled upon execution. Once executed, this Power of Attorney form goes into effect and remains in effect until revoked in writing by the principal, or on a specified date, whichever comes first. To revoke, cancel or annul any powers, a revocation form must be used.




Power Of Attorney provides detailed information about power of attorney, power of attorney forms, medical power of attorney, limited power of attorney and more. Power Of Attorney is the sister site of Divorce Legal Forms.

Monday, September 20, 2010

The Basics Of Estate Planning

Estate Planning may be a word that is encountered by many citizens especially the elderly. What is Estate Planning? What benefits does it provide to people?

Estate Planning is a method of arranging and considering alternatives that will satisfy specific wishes and goals to prepare for things that may happen to a person and the people he finds special to him.

Estate Planning includes organizing properties and not just putting them in a simple Will. It also lessens the taxes and fees that may possibly be charged to these properties. Estate Planning also includes contingency preparation to ensure that ones wishes regarding health care and medications will be followed.

An estate plan may be described as good if it financially coordinates with the future of the home, business, investments, insurance and other benefits if ever the person becomes sick or will pass away. A good estate plan also sets directions to bring about personal wishes regarding health care in preparation for the when the person becomes disabled.

It is very important to identify the real definition of the term "estate" before someone can really perform estate planning. Estate means all the properties a person owns or has control of. This is regardless whether if the property is solely named after him or is in managed in a partnership. This may include real properties, accounts, bonds and stocks, cash, buildings and establishments, jewelry, collections, all types of businesses and even retirement benefits.

Typically, those who really need to have an estate plan are parents who have minor children, people who have valuable properties and have sentimental values for them, and also people who are concerned about their medications and health care. However, people can still acquire an estate plan whether they have these categories or not. As long as they have all the things that are covered by an estate plan, then they can avail of it.

While a person is alive, it is important to prepare an estate plan and at the same time implement it. This is the perfect time for a person to perform and have legal capacity to come up with a contract. There may be challenges that could occur if an estate plan is implemented when a person is already disabled. Others may judge the lack of capacity and the person may be prone to fraud, abuse and coercion.

Estate Plans may include wills, power of attorney for health care, living wills, living trusts and limited partnerships. When entering into a contract, it is very important to make use of the services of a lawyer. Lawyers are the only certified people who practice these fields. They are also the only ones who can supply a person with all the legal requirements and advice needed in the estate plan. An attorney will be able to answer legal questions regarding the estate and they will also be able prepare the person on the cost of the estate plan and other finances the come with it.

Estate Planning involves sensitive decisions and legal matters. It would only be beneficial if the person will always consult with legal advisors and also seek financial and medical advice. It is important that before a person will enter into estate planning, he should already have a strong understanding of the process so that things will not be difficult for those who will be left behind.




Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides estate planning resources on [http://www.justestateplanning.info]