Power Of Attorney, Wills, Trusts, and Deeds

Power of Attorney

Durable Power Of ATTORNEY

Durable Power of Attorney: A Durable Power of Attorney (DPOA) is a legal document that grants someone the authority to make financial and legal decisions on your behalf, even if you become incapacitated. “Durable” means the power of attorney remains in effect if you become mentally incompetent or unable to manage your affairs. This person, known as the agent or attorney-in-fact, can handle tasks such as managing finances, paying bills, and making legal decisions related to your assets.

MEDICAL POWER OF ATTORNEY

A Medical Power of Attorney (MPOA) is a specific type of power of attorney that grants an individual the authority to make medical decisions for you if you are unable to communicate or make decisions about your healthcare. The person appointed, often referred to as a healthcare proxy or agent, ensures your medical preferences and treatment choices are respected. This document is vital for situations where you cannot express your wishes regarding medical treatments, surgeries, or other healthcare matters.

Living Wills,Trusts and Deeds

Living Will

A Living Will, also known as an Advance Healthcare Directive, is a legal document that outlines your medical preferences and treatment choices in case you become unable to communicate your wishes due to illness or incapacity. It specifies the medical procedures you do or do not want to undergo, ensuring your healthcare decisions align with your values and beliefs. Having a Living Will in place provides clarity to your healthcare providers and family members about your end-of-life preferences. (Witnesses Required)

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Trusts

A Trust is a legal arrangement where a person (the settlor) transfers assets to a trustee to manage and distribute for the benefit of specific individuals or organizations (the beneficiaries). Trusts are commonly used for estate planning, allowing for the efficient transfer of assets, avoiding probate, and ensuring the intended distribution of wealth to heirs. There are various types of trusts, each serving different purposes, such as revocable living trusts and irrevocable trusts. (Witnesses are Required)

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$10

Deeds

A Deed is a legal document that transfers ownership of real property (such as land, houses, or commercial buildings) from one party to another. There are different types of deeds, including warranty deeds, quitclaim deeds, and grant deeds, each with specific implications regarding the transfer of property rights. Deeds contain detailed information about the property, the grantor (seller), the grantee (buyer), and the terms of the transfer. (Witnesses may be required) Miami Beach Notary can notarize the following four types of deeds: **1. Warranty Deed:** A Warranty Deed is a type of deed where the seller (grantor) guarantees that they hold clear title to the property and have the right to sell it. This deed provides the highest level of protection to the buyer (grantee) by ensuring that there are no undisclosed claims or liens against the property. **2. Quitclaim Deed:** A Quitclaim Deed transfers the seller's interest in the property to the buyer without any guarantees about the title. In other words, the seller relinquishes their rights to the property without confirming whether they have clear ownership. Quitclaim deeds are often used in situations where property is transferred between family members or in non-sale transactions. **3. Grant Deed:** A Grant Deed is similar to a Warranty Deed, but it offers fewer guarantees to the buyer. In a Grant Deed, the seller assures the buyer that they have not sold the property to anyone else and that there are no undisclosed liens or encumbrances. However, it does not provide the same level of protection as a Warranty Deed. **4. Special Warranty Deed:** A Special Warranty Deed is a deed where the seller guarantees that they have not incurred any liens or encumbrances on the property during their ownership. Unlike a Warranty Deed, which covers the entire history of the property, a Special Warranty Deed only provides protection for the period when the seller owned the property. Miami Beach Notary can notarize any of these four types of deeds, ensuring the proper execution and legal validity of the document. Our professional notaries verify the identities of the parties involved and authenticate the transfer of property rights, providing a secure and legally binding transaction for both buyers and sellers.

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common questions

Does a trust need to be notarized in Florida?

Under section 736.0403 of Florida law, if a revocable trust has any testamentary provisions, then the trust must be executed with the same formalities of a will. That means the trust must be signed in the presence of two witnesses and a notary. Typically, the trust will have a self-proving affidavit as well.

Do you need witnesses for living wills ?

In Florida, witnesses are required for a living will to be considered valid. According to Florida law, a living will must be signed by the person making the living will (known as the declarant) in the presence of two witnesses.

The witnesses must also sign the living will, affirming that they witnessed the declarant’s signing and that they believe the declarant to be of sound mind and under no undue influence or duress. The witnesses must be adults (18 years or older) and cannot be the declarant’s spouse or a blood relative.

Additionally, at least one of the witnesses must be someone who is not a blood relative or a spouse of the declarant, nor someone who would be entitled to any portion of the declarant’s estate upon their death. In other words, the witnesses should be impartial and not have any personal interest in the declarant’s estate.

What will the city clerk office look for in the deed?

Under normal circumstances (where the seller is located within Florida), the seller’s signature on the document must be acknowledged by a notary and the notary acknowledgment should include the names being acknowledged, the date the acknowledgment was taken, the signature of the notary (name printed underneath), and the commission expiration date and seal.

What is Florida law regarding trusts?

How do I schedule an appointment?

You can book an appointment here: https://miamibeachnotary.com/get-service/

What is the cost of notary service?

The fee for notarizing and signing a document in Florida is $10 per document. Additionally, we charge $25 for two notary witnesses per document.