Jugjit Singh Johal’s Answers

No. The Power of Attorney needs to be in writing and your parents should have their signatures to the Power of Attorney notarized. It is recommended that an attorney prepare the Power of Attorney, because there are a number of different types of Powers of Attorney. In addition, certain powers granted by a Power of Attorney require certain language.

The seller is responsible for the unpaid property taxes and other liens against the home. If you are purchasing real property, then you should purchase it through a title company. At the close of escrow, the title company will make sure that you receive title to the home without unpaid property taxes and other liens before escrow closes. With respect to the current year property taxes, they will be prorated in escrow. The title company should make sure that all unpaid property taxes are paid in...

If you have a written Lease, it should address when a landlord can enter upon the property and the amount of notice that he has to provide to the tenant. A well written lease will have a provision which addresses this issue. You should know that when a landlord rents property to a tenant, the landlord transfers possession of the property to the tenant. Therefore, the landlord must respect your privacy; however, the landlord does have the right to enter the leased premises under certain...

When a property is sold, there are alot of documents that are signed in escrow, which are all original documents. The only original documents that you will need to give to the escrow agent is the Note and Deed of Trust, if there was a mortgage on the property. If the property is owned by an entity, the escrow agent may want original resolutions from the (i.e., Board of Directors if it is a corporation) authorizing the sale of the property. If there is a lease on the property, the buyer may...

The durable power of attorney should be recorded with the grant deed or quitclaim deed. If it isn't, then how does one know that the attorney in fact has the power to convey real property and, in particular, execute and record a quitclaim deed conveying an interest in real property to him or her self. It doesn't matter if the quitclaim deed is executed and notarized in another state as long as it is executed and notarized in accordance with the laws of that state and the recorder's office of...

Your question is not very clear. I can only assume that your facts are as follows: your spouse was involved in a drunken driving accident and you want to protect your one-half (1/2) of your community assets and your separate assets. The simple answer to your question is no, especially if the event creating the liability has already occurred. Attempting to transfer assets at that point in time maybe considered a fraudulent conveyance. If you have separate property, then it should be protected...

I don't understand your question. If you are simply making a claim against the insurance carrier, then there will be no attorney's fees, unless you retain an attorney to represent you with respect to your claim. In that event, it will depend upon the attorney. The attorney may bill you on an hourly basis or a contingency basis. Whether you will be entitled to pain and suffering or only property damage, the question becomes "what pain and suffering did you have? You will be entitled to property...

No, income tax and estate and inheritance tax are two completely different tax systems. You pay income tax on income (i.e., wages, commissions, dividends, interest, gains on the sale of property). Estate or inheritance tax is paid when someone passes away and the federal government taxes you on the value of your estate (fair market value of the deceased's assets over the amount of the deceased's liabilities and expenses. You are paying income tax on perhaps interest which you have earned on the...

First, it depends upon the age of your children. If your children are over the age of 18, then you can buy the property in their name. If they are under the age of 18, then the property cannot be deeded directly to them because they do not have legal capacity. In that case, you would have to take title in your name under the Uniform Gift to Minor's Act or as custodian for your children. Secondly, you should determine if you want to put the property in your children's name. It maybe that you...

It is very simple to break a joint tenancy. You simply prepare and excute before a notary public a quitclaim deed to yourself and record the quitclaim deed with the County Recorder in the County in which the real property is located. You do not have to inform the other joint tenant nor does the other joint tenant have to agree to terminate the joint tenancy. I recommend that you consult an attorney to prepare the quitclaim deed so that it is done correctly. Most attorneys will simply have their...