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William Nelson Kirk

William Kirk’s Answers

4 total

  • Does power of attorney give you the right to sign the principal's name?

    Does power of attorney give you the right to sign the principal's name, or does it just give you the power to act on behalf of the principal?

    William’s Answer

    You do not have the right to merely sign the principal's name; however, depending on the terms of the power of attorney, you may have the power to sign a legal document on behalf of the principal, e.g., John Smith, as attorney in fact for Jane Smith.

    You should discuss the particular issues with the attorney that prepared the power of attorney for the principal.

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  • Is it necessary to file a revocable trust in the State of Florida at the courthouse like a deed, while the grantor is alive

    I have prepared a revocable trust and would like to know if the State of Florida requires that I file my trust at the court house, the same a property deed needs to be filed.

    William’s Answer

    I agree with Mr. Goldman's answer above. If a Florida trust or estate planning attorney did not draft or review your revocable trust, I suggest that you have such an attorney review your revocable trust promptly to be sure that it adequately addresses all appropriate issues, including the management of the trust assets upon your disability and the proper disposition of the trust assets upon your death.

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  • Is it necessary to file a revocable trust in the State of Florida at the courthouse like a deed, while the grantor is alive

    I prepared a revocable trust and had it witnessed and notarized and would like to know if it's necessary to file the revocable trust at the courthouse the same as a property deed.

    William’s Answer

    I agree with Mr. Goldman's answer above. If a Florida trust or estate planning attorney did not draft or review your revocable trust, I suggest that you have such an attorney review your revocable trust promptly to be sure that it adequately addresses all appropriate issues, including the management of the trust assets upon your disability and the proper disposition of the trust assets upon your death.

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  • Father in Oregon wants to give, wants to give Powwer of Attourney to daughter in Florida, to handle Sale of Home in Mississippi

    in which state should power of atty be drawn up, or does it matter.

    William’s Answer

    Unfortunately, dealing with matters in another state can cause additional issues, time and expense. My recommendation is that the owner of the property, who resides in Oregon, engage an Oregon lawyer to prepare the Power of Attorney; however, the Oregon lawyer should consult with a Mississippi attorney, or at least have the document reviewed by the title or closing agent for the sale of the Mississippi property, to confirm that the document satisfies any necessary requirements under Mississippi law, prior to the execution and delivery of the Power of Attorney by the father.

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