Power of Attorney Documents

What exactly is a Power of Attorney Document?

The power of attorney does not in fact have anything to do with hiring an attorney, and with exception of some of the formalities (like signing the POA document itself) attorneys do not have a lot of involvement in the process.

In a nutshell, the power of attorney document is a legal document that any two parties may sign where one of the signers (known as the “grantor”) authorizes another party (sometimes more than one person or entity known as the “donor” or “agent” ) to make formal decisions on their behalf. These decisions incorporate things like paying bills, starting or stopping services in the grantor’s name and can also incorporate medical decisions on behalf of the grantor. Continue reading

Springing Power of Attorney Document

The springing power of attorney document is a slightly different legal document than a durable power of attorney document. The abilities that you bestow in a springing POA are activated only when you (the grantor) become incompetent or medically disabled. A springing power of attorney document is an alternative to a durable power of attorney document. This means that your chosen representative can only start acting as your “attorney-in-fact” only after you are determined medically incompetent or disabled by a physician.

It is common that people may not feel comfortable bestowing wide range of capabilities to their chosen agent immediately after creating a power of attorney document that is why they choose this POA. This POA document doesn’t allow your chosen representative to make any health care or medical decisions for you. However, a springing POA can become an issue if there is disagreement between family members or doctors regarding the disabled state of the grantor. Continue reading

After your death what can happen to your money and debts?

Your debt is yours and only yours. Though, your money can get divided amongst your relatives or children or can be given over to a trustee or orphanage (as per your wishes), debt which has been incurred by only you remain to be yours even after your death. However, there are various other nuances that are considered in case of the debt payments on the event of your death. This will not only depend on whose name the debt is but also on the type of debt, the date of payments on the debt and so on. However, it is always better to pay off your debts from the beginning. In case, you are having problems in making the debt payments you can try the debt settlement option so as to lower the outstanding debt amount and solve the whole problem at the nip of the bud.

Debts and money after death

Your personal debt is never going to pass over to your family members on the event of your death. So, what is going to happen to your debts after you die? The state laws on this vary from one to another state.

In most of the states, if none of your family member or members co-signed a loan (any type) with you, even if it’s a mortgage or a car loan, then nobody is supposed to make the payments on that after your death. However, in case of a mortgage or car loan, the lender can foreclose your home or car if you have not been able to pay off the same. So, if you had passed over your property or your car to your children and family and if they would like to retain the property or car, they will have to pay off the debts.

In case, there was a co-signer on such debts, the co-signer will be held liable for the payments on the event of your death. Actually, when another person co-signs on an account (any type), both you and the co-signer are supposed to be equally responsible for the debt payments.

Actually, after the death of the debtor, the value of the estate and assets is calculated. After that, the executor analyzes the amount of debt owed by the debtor. Thus, the value of the estate is then calculated in which the value of all of your assets is included. All of these are used to pay off the creditors and the lenders. If the money is enough to clear off all of your debts, then well and good. However, if the value of your property is not enough to clear off all of your debts, then the creditors and the lenders will have to be content only with what they get out of your property.

It is the executor who gives all of the details to the court and the court is appointed so as to sell all of your property. Thus, the money in that have been accumulated by you, your estate and so on are used to settle your debts.

However, yet again, another thing that can change the whole scenario is the rule followed in the community property states. In a community property state, all the money can be divided into two equal halves in between the spouses. Similarly, the debt incurred by one is considered to be a debt owed by another. Thus, if you leave behind loads of debt, your spouse will be held liable to pay off debts. But these debts will have to be those which were incurred during the years of your marriage.