widow claims a later document on which she signed her name as the singer’s attorney gives

Can an attorney sign documents on behalf of a client?

The way for an attorney to get legal protection is to get a power of attorney from the client. If clients cannot go to closing due to other obligations, or simply do not want to be bothered, power of attorney is the proper way for an attorney to sign documents for them. Posted on: Sat, 12/17/2011 - 9:50am

What to do if your wife signed Your Name illegally?

So Your Wife Signed Your Name Illegally … If you find that your wife has illegally signed your name to anything relevant to your married life, divorce, financial affairs, or children, you need first to seek out an attorney.

Should I notarize a document if my wife does not want to sign?

I would separate the parties at the time of the signatures. This would allow each party to have the freedom to speak honestly. All parties should be in full agreement before they enter for the documents are signed. If she said she did not want to sign then you should not notarize any documents.

Can a current wife collect widow’s benefits?

If by “current wife” you mean the one he was married to when he died, as long as they were married for at least a year she should be eligible for widow’s benefits regardless of whether the ex-spouse is collecting or not. The two widows’ benefits are available without regard to one another’s status. Log in to Reply

What Is A Power of Attorney and An Attorney in Fact?

A power of attorney is a document authorizing someone to perform duties on behalf of another individual. A person granted power of attorney to sign...

Are There Special Rules When Notarizing A Document Granting Power of Attorney to someone?

Some states may have special requirements when notarizing a document granting power of attorney. Always be sure to follow your state rules if asked...

How Do I Notarize The Signature of Someone Acting as An Attorney in Fact?

An attorney in fact typically signs a document with two names: the attorney in fact’s own name and the name of the principal. For example, if John...

Do I Need to Ask For Proof of The Attorney in Fact's Authority?

Idaho and Minnesota require Notaries to verify the authority of someone signing as a representative through either your personal knowledge or by re...

What Certificate Do I Use If Someone Is Signing as Attorney in Fact?

If your state law prescribes a specific certificate for someone signing as attorney in fact, use that wording. If your state does not specify attor...

Who is the attorney in fact for Mary Sue?

For example, if John Doe is acting as attorney in fact for Mary Sue, he could sign like this: “John Doe , attorney in fact for Mary Sue, principal”. Or, “Mary Sue, by John Doe, attorney in fact”. In this case, John Doe is the person appearing before you and signing the document, but doing so on behalf of Mary Sue.

Who is the only person to sign a certificate?

Because John Doe is the only person who is physically present and signing, you would write John Doe' s name as the signer in the appropriate parts of the certificate wording (for example, “… personally appeared before me John Doe, who acknowledged …”). You would only have to verify the identity of the attorney in fact, not the principal.

What document is required to be notarized in CA?

The CA Notary Public Handbook states, "If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property OR a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.".

What to do if you are signing as a representative of an absent principal?

In other states, if a person is signing as a representative of an absent principal, the NNA recommends asking the signer to formally state out loud in your presence that they have authority to sign on the principal's behalf.

What is an attorney in fact?

As stated above, an attorney in fact is a person granted power of attorney to sign documents for someone else (the principal). An attorney in fact has authority to sign the principal's name and have that signature notarized without the principal being present.

What is a power of attorney?

A power of attorney is a document authorizing someone to perform duties on behalf of another individual. A person granted power of attorney to sign documents for someone else is typically referred to as an attorney in fact or agent, and the individual represented is referred to as a principal. An attorney in fact has authority to sign ...

Do you need a thumbprint for a power of attorney in California?

Your article states, "If a California Notary is asked to notarize a signature for a document granting power of attorney that relates to real estate, the Notary must obtain the signer's thumbprint for their journal entry.". However, I believe a thumbprint is required if the document to be notarized deals with real estate (with a few exceptions) ...

What to do if your wife has signed your name?

If you find that your wife has illegally signed your name to anything relevant to your married life, divorce, financial affairs, or children , you need first to seek out an attorney. Avoid getting into a she-said-he-said with her; secure your evidence so she does not attempt to destroy the documents with her forgery on it.

Who writes P.P. on employee checks?

Businesses use procuration all the time, as when a personal secretary signs Mr. Rockhead Sylvester Nate Oscar George Slate for the Quarry and Gravel Company on employee checks, then writes “p.p.” and his or her name next to it.

What is a POA?

Getting a Power of Attorney (POA) One area in which a spouse can legally sign for the other spouse is under a power of attorney (POA). POA comes in several forms, each useful for specific issues that typically arise in a couple’s lives. The types of POA include:

What is a forged signature?

Forgery is signing someone else’s name to a document ( like that convenient insurance policy for a million bucks, naming your wife Betty as beneficiary if you, Barney, have a boulder bounce off your noggin). Uttering is her assertion by her words or her actions that the signature she knows to be forged is yours.

What is a non-durable POA?

Non-durable POA — This has a limited shelf life; it is useful for a window of time, for particular financial transactions or a medical procedure to occur on a given date, and once the event or events finish, so does the non-durable POA. Limited POA — One-time use only!

Can my wife sign my name on a check?

Regardless of the circumstances (except for a Medical POA), your wife can sign your name on checks, sign your name to contracts, chisel it in stone, sign legal documents on your behalf, and conduct business under your name while the POA is in force.

What to do if an elderly client indicated she signed under duress after she had signed the Power of Attorney?

If an elderly client indicated she signed under duress after she had signed the Power of Attorney, I would notify the person to whom the power was given and relay to him/her that I would make annotations in the journal regarding the signer's comments and advise the individual to discard the document because it was not legally signed under the correct situation.

What to do when notarizing POA?

When I notarize a POA, I always ask what it's for specifically and notate information regarding who is granted the power as well as make a copy of their Identification card. It's never happened to me, but if it did, the first thing I would do is contact the person granted the POA. I would advise the person that the POA is null due to the circumstances sorrounding the notarization. I would compell the person to return the document immediately by telling them that the signer has signed a revocation, by threatening to contact authorities and financial institutions associated with the signer.

What happens after completing the journal entry and notarization?

After completing the journal entry and notarization, the nephew and other relatives quickly leave. But before you can depart, the woman tells you that she did not want to sign the document. She felt pressured.

Why does ATG require a power of attorney?

Because the settlement statement demonstrates the parties' actual knowledge of and consent to the terms of the closing, ATG requires a power of attorney for an attorney to sign the settlement statement on behalf of a client. A disciplinary case illustrates the risk.

Who must sign real estate documents?

The documents and certifications required of the taxpayer/seller in order to report a real estate transaction must be signed by the taxpayer. No other person, including the taxpayer's attorney, may sign those documents on behalf of the taxpayer without a written power of attorney from the taxpayer.

Does HUD 1 require signatures?

The Settlement Statement provided by the Department of Housing and Urban Development (commonly referred to as the HUD-1) does not include a signature line. The section of the Code of Federal Regulations that details changes that are allowed to be made to the standard HUD-1 form specifically says, "Signature lines may be added." 24 CFR § 3500.9 (emphasis added). In addition, Illinois law does not require any signatures on the settlement form. The Predatory Lending Database statute, 765 ILCS 77/76, requires that a title insurance company or closing agent must submit a wealth of information to Illinois' Predatory Lending Database for any mortgage application, including the details of the settlement statement. However, no mention is made of signatures from the parties.

Is a power of attorney a real estate transaction?

A general power of attorney is too "vague and uncertain" to be work for a real estate transaction. To be valid for actions such as borrowing money, executing notes and signing deeds, a power of attorney must show the "clear and obvious intent of the agency therein created.".

Can an attorney act as an agent in Illinois?

While the transfer declaration appears to create an exception to an attorney's ability to act as an agent of his client, Illinois courts have rejected the idea of an attorney acting as an agent for the sale of land without written authorization.

Do you need to sign a W-9 for real estate?

The instructions for Form W-9 require that for real estate transactions, the certification must be signed by the taxpayer. In 1997, IRC §6045 (e) was amended to exempt from reporting transactions involving the sale or exchange of the taxpayer's principal residence.

Can a seller sign a 1099 without a power of attorney?

It has become an increasingly common practice for the attorney representing the seller to sign 1099 and other tax-related documents on behalf of the seller without having a formal power of attorney signed by the seller authorizing such action.

What documents are needed for a decedent's estate?

If the decedent had an estate plan, then copies or originals of the following documents will be needed: Last Will and Testament and Codicil (s): The original will and codicils will be required because if an original cannot be found, then it is presumed the decedent destroyed them,

Who is Julie Garber?

Julie Ann Garber is an estate planning and taxes expert. With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications. She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994.

What is a beneficiary designation?

Beneficiary designations: For life insurance, retirement accounts, payable on death accounts and transfer on death accounts. Deeds for real estate: There is a common misconception that the original deed is needed, but a copy is fine.

What happens after someone dies?

Updated July 30, 2020. After someone dies, family members will need to locate all of the decedent's important papers. It will give family members and, if necessary, the estate attorney assisting the family with settling the decedent's final affairs , all of the pertinent information needed to complete probate or the trust settlement process .

Who is Peggy James?

Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university, and prior to her accounting career, she spent 18 years in newspaper advertising. She is also a freelance writer and business consultant. After someone dies, family members will need to locate all ...

Where did Peggy James go to law school?

She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994. Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university, and prior to her accounting career, she spent 18 years in newspaper advertising.

Who is Jim Blankenship?

Jim Blankenship is the founder and principal of Blankenship Financial Planning, Ltd., a financial planning firm providing hourly, as-needed financial planning and advice.

What happens when a spouse dies?

When the former spouse dies, the surviving spouse is treated as a widow or widower. Remarriage Rules for Widows and Widowers. (For brevity I’m going to refer only to widows, but everything applies as well to widowers.)

Can a widow remarry after 60?

If a widow is under age 60 and remarries (and stays married), she is no longer eligible for her Survivor Benefit based upon her late husband’s record.   After age 60, the widow can remarry and retain access to Survivor Benefits.

What does it mean when a spouse signs a deed?

By signing the deed, the transferring spouse agrees to transfer whatever ownership rights he has in the property. However, the deed does not warrant or guarantee that the spouse transferring title is legally able to do so.

What does it mean when a deed is recorded?

Recording the deed tells a future buyer or lender that only one spouse owns the property. The new ownership also becomes public record for tax assessment purposes – the transferring spouse will not be held responsible for paying property taxes for the period after he quitclaims.

Does a quit claim transfer ownership?

Where the couple has a mortgage, the transferring spouse remains legally responsible for the mortgage – a quitclaim only transfers ownership, not liability for debt s. This puts the transferring spouse in a tricky situation.

When to use quit claim?

When to Use a Quitclaim. Quit claims are most often used between spouses, parents and children and other relatives to organize their estate planning. They are also widely used in a divorce situation. For example, you may quit claim title to your spouse who will remain on the title and live in the house after a divorce or separation.

Is a quitclaim deed binding?

A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.