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<title>Latest Finance Articles</title>
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<title>What Can You Do With a Power of Attorney?</title>
<link>http://legal-articles.deysot.com/finance/what-can-you-do-with-a-power-of-attorney.html</link>
<guid>http://legal-articles.deysot.com/finance/what-can-you-do-with-a-power-of-attorney.html</guid>
<pubDate>Mon, 18 Aug 2008 23:13:57 +0300</pubDate>
<description><![CDATA[ <p>A power of attorney form is a legal form that will allow someone to appoint another person to legally act on his or her behalf. The person who creates the POA (power of attorney) is called the principal and the person appointed to act on the principal’s behalf is called the agent.</p>
<p>One need a POA fills for many people is their need to help their aging parents with their financial affairs. Aging is a process we all have to go through but it can be made a much easier process with a POA. When we become physically or mentally debilitated to a point where we don't want or can't handle our finances it's nice to be able to appoint a trusted child or family member as our agent. With a 'durable power of attorney' we can give them the power to withdraw money from our bank account to pay bills and manage funds even when we become mentally or physically incapacitated. A general POA is no longer effective when the principal is incapacitated, that's why they created the durable POA and it's now recognized in all fifty states.</p>
<p>Some people only realize they need a durable POA during a sudden crisis, but most people draw one up along with an estate plan. Most lawyers, including Julian S. Bush, a senior estate partner with Shea & Gould, recommend everyone aged 60 or older should create a durable power of attorney because "that is the danger zone". He went on to say that it's equally advisable for younger clients but he has noticed they tend to resist the idea of sharing power over their assets.</p>
<p>There are many different types of POA forms but all of them are revocable. At any time you can revoke a POA with a 'revocation of power of attorney'. A limited power of attorney is used when someone wants to appoint an agent for a given time period or for a specific task. A limited POA is usually used for things like real estate transactions or when someone needs theirs finances handled while their traveling abroad.</p>
<p>A general power of attorney authorizes an agent to act in all of the principals business or financial affairs. However, when the agent becomes incapacitated, mentally or physically, the powers granted to the agent are automatically revoked. Unfortunately, this is usually the time when a power of attorney is needed most.</p>
<p>Some states, like New Jersey, have laws that allow the use of a 'springing' POA. Other states, like New York and Connecticut, don't allow their locals to use a springing POA. They call them springing power of attorney because they 'spring' into action when the principal becomes incapacitated. Sometimes they present problems though because the hospital may demand things like a court order then the court may demand direct evidence of the incapacity, such as a signed letter from the doctor. That's why most lawyers, like David P. Callahan, a lawyer with Whitman & Ransom, say instead of a springing POA use a durable POA because "The durable power confers immediate authority’, then goes on to say ‘it shall survive incapacity."</p>
<p>Another use power of attorney are fulfilling is the ability to allow the agent to make decisions about the extent and nature of the principal's medical treatment. Some people create a separate document for this, while others add them to the regular power of attorney in their estate plan along with other special provisions; which might include giving the agent the power to sign tax returns or access a safe deposit box.</p>
<p>Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.</p>
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<title>What Exactly Is a Promissory Note?</title>
<link>http://legal-articles.deysot.com/finance/what-exactly-is-a-promissory-note.html</link>
<guid>http://legal-articles.deysot.com/finance/what-exactly-is-a-promissory-note.html</guid>
<pubDate>Sat, 09 Aug 2008 23:09:46 +0300</pubDate>
<description><![CDATA[ <p>A promissory note is a legal agreement that is a written promise to repay a debt. It will include how and when the debt will be repaid. It can be through a series of payments, upon demand, or another way both parties can agree upon.</p>
<p>A promissory note will require the full names of the parties, the amount of the obligation, and the debtor's obligation(s). The debtor's obligation includes the terms of repayment, and an interest rate, if any. It can also include what is called an 'acceleration clause'. An acceleration clause will make the entire amount of the note due if just a single payment is late.</p>
<p>When creating a promissory note one should always know their state's 'usury' laws. These laws define the maximum interest rate some one can charge. Most state's charge fees and fines for people who violate usury laws. Other states carry criminal penalties for violators.</p>
<p>Also, when you’re creating a promissory note form you need to know a few legal terms. One legal term you want know is 'Promisor'. A promisor is the person who promises to repay the debt or other obligation secured by the note. Another term is 'Promisee'. A promisee is a person who is to receive payment on the debt or obligation secured by the note. Another term is 'Obligor'. An obligor is another word for 'promisor'. Yet another term you need to know is Obligee. An obligee is another word for 'promisee'. The final term you need to know is 'Consideration'. Consideration is a legal term for the value received by both parties in return for entering into the contract. So the 'mutual consideration' would be that the promisor receives the loan, and the promisee receives repayment as specified in the note.</p>
<p>Once you've gotten those legal terms down then it should be quite easy to create your own promissory note. You can pay a print fee at your local courthouse for a copy, but for people in my state and probably most state's, it's much cheaper to just download a copy online.</p>
<p>Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.</p>
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<title>The Security Provided By Auto Bill Of Sale Forms</title>
<link>http://legal-articles.deysot.com/finance/the-security-provided-by-auto-bill-of-sale-forms.html</link>
<guid>http://legal-articles.deysot.com/finance/the-security-provided-by-auto-bill-of-sale-forms.html</guid>
<pubDate>Mon, 04 Aug 2008 23:06:51 +0300</pubDate>
<description><![CDATA[ <p>It's important that when you buy or sell a used car you record the sale with an auto bill of sale form. For the person selling the car, it provides them evidence that the title of the car has been legally transferred to the buyer, and they are now responsible for the vehicle. For the person buying the vehicle, it documents the transaction and shows proof of purchase.</p>
<p>In most states an auto bill of sale is required before you can transfer the title and register a vehicle under a new owner. The main reason for this is to check out the sale price for tax assessment but they also check the odometer reading to try and find odometer fraud. According to the National Highway Traffic Safety Association, consumers lose billions of dollars a year from people rolling back the miles on used cars so they can overcharge buyers for them, which is odometer fraud.  A vehicle that would normally sell for a couple hundred dollars can have its odometer numbers altered to show lower miles and then be sold for thousands of dollars. The Consumer Federation of America even estimates that 1 in 10 cars have had their odometers altered and rolled back.</p>
<p>Since there is such a problem with fraud, an incomplete bill of sale form or one with incorrect information will in many cases not be accepted, and the vehicle purchased cannot be registered.</p>
<p>Even if your state doesn't require an auto bill of sale form to register a purchased vehicle, creating one for the purchase of a used vehicle is still good to have as a receipt and for your peace of mind. It also makes selling a car more organized and professional, which can help people feel more comfortable about handing over their money. Both parties will also know exactly what terms their agreeing too.</p>
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<title>What is a Uncontested Divorce?</title>
<link>http://legal-articles.deysot.com/finance/what-is-a-uncontested-divorce.html</link>
<guid>http://legal-articles.deysot.com/finance/what-is-a-uncontested-divorce.html</guid>
<pubDate>Wed, 02 Jul 2008 22:44:43 +0300</pubDate>
<description><![CDATA[ <p>A uncontested divorce is a simple and inexpensive way that most people divorce. It gives you and your spouse the chance to agree upon the terms of the divorce so that you can end your marriage quietly and with dignity.</p>
<p>Once the terms of the divorce have been agreed upon then you include them in the uncontested divorce form and sign off on it plus file it. If your having trouble with coming to terms then try using a divorce mediator before you take it to court. Getting a neutral friend or person to help mediate is a lot cheaper than hiring lawyers to argue it out in court. A divorce doesn't have to be as painful as you might think.</p>
<p>Besides the fact that an uncontested divorce is the least expensive way to divorce there are however also many other advantages. It’s also a private process and helps to keep the level of conflict between you two to a minimum. Of course you will have to put it on public record when you file it but the various proposals and disclosures you made throughout the process doesn't have to be on public record.</p>
<p>Even if you and your spouse don't agree on every issue, you two will probably agree that an uncontested divorce is best to help minimize the cost. Sometimes coming to this realization alone will stop the fighting and will prevent a more expensive divorce where you need a lawyer. From there you can then begin to negotiate until you agree upon all the issues and terms of the divorce. It may take some time, but be patient, you can get through it.</p>
<p>Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.</p>
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<title>What is a Power of Attorney Form?</title>
<link>http://legal-articles.deysot.com/finance/what-is-a-power-of-attorney-form.html</link>
<guid>http://legal-articles.deysot.com/finance/what-is-a-power-of-attorney-form.html</guid>
<pubDate>Mon, 19 May 2008 22:16:25 +0300</pubDate>
<description><![CDATA[ <p>A power of attorney form is a legal form that allows you to appoint some one who is willing to act on your behalf in a matter of your choosing. For example, power of attorney forms are used a lot by deployed soldiers who want their wives back home to have access to their bank account. This is not all it can be used for though; you can appoint some one to act on your behalf in any matter you choose.</p>
<p>Power of attorney forms (POA forms) are simple legal agreements that do not require a lawyer. Its not hard to find a fill able POA online and fill it out yourself as long as you know a few terms. On the document, you, the person making the form, are referred to as the 'Principal'. The person appointed to execute the agreement is referred to as the 'Agent'. Another popular term for an agent is 'Attorney-in-Fact'. This term became popular because an agent is kind of like an employee who is suppose to look of for your best interests, like an attorney should.</p>
<p>There's a tradition that comes along with appointing an agent. Power of attorney agents are compensated for any expense they had to endure to execute your POA. For example, if they missed a day of work you should cover that expense along with any other expenses they had to endure. It's only the right thing to do anyway. It's wrong to force some one to participate within the scope of the legal agreement without compensating their expenses, unless the agent wants it that way.</p>
<p>Another thing you should know is that you can cancel the power of attorney at anytime if you’re the principal. The process is simple, just fill out a revocation of POA form and have it notarized so that it’s officially on the record. Also, if you set a date that the agreement will no longer be valid after, then this will also be enough to void the agreement.</p>
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<title>How Does a Promissory Note Work?</title>
<link>http://legal-articles.deysot.com/finance/how-does-a-promissory-note-work.html</link>
<guid>http://legal-articles.deysot.com/finance/how-does-a-promissory-note-work.html</guid>
<pubDate>Sun, 04 May 2008 22:07:20 +0300</pubDate>
<description><![CDATA[ <p>A promissory note is a legal document that allows companies and also individuals to get financing from a source other than a bank. Thankfully, here in the U.S. banks don't have a monopoly on lending, you can legally loan some one money with a promissory note. Any one can become a lender.</p>
<p>Promissory notes are debt instruments that are like a legal IOU. Terms are drawn up and agreed upon by both the lender and the recipient. The recipient signs the document and is from there on legally binded to uphold his/her end of the bargain. Money owed from a debtor who refuses to pay can be easily collected in small claims court, or a general civil suit. The terms agreed upon can include things like interest rate, a repayment schedule, and the consequences of default (failure to uphold obligations).</p>
<p>Promissory notes are often times used by companies to create additional corporate credit when they can no longer get additional lending through a bank. Lenders who issue these notes can even turn around and sell them to another buyer. Investors can even have these notes reviewed by the Securities and Exchange Commission to ensure the company is able to repay its debt.</p>
<p>Another popular use for promissory notes is to get a loan for a home when there is no credit or not enough credit available to them from a bank. This is used mainly by people who are self-employed with a widely varying income from month to month. Creditors tend to discriminate against these types of people. If your income has dropped creditors will definitely discriminate against you no matter how much income you've saved. For those who have these conditions then they have no other choice.</p>
<p>When creating a promissory note, it is a good idea to get it notarized so that the obligation is publicly recorded and legal. This will make all the terms and conditions legally binding, and any violation will not be tolerated in court.</p>
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<title>Selling a Car in Wisconsin</title>
<link>http://legal-articles.deysot.com/finance/selling-a-car-in-wisconsin.html</link>
<guid>http://legal-articles.deysot.com/finance/selling-a-car-in-wisconsin.html</guid>
<pubDate>Mon, 04 Feb 2008 14:38:01 +0200</pubDate>
<description><![CDATA[ <p>Selling a car in Wisconsin is generally simple, but to avoid problems you and the buyer should know what Wisconsin law requires. Having a vehicle bill of sale form filled out properly will save you a lot of headaches down the road if odometer fraud or other issues arise.</p>
<p>Before you sell your car you must have a title to the vehicle in your name. You are not suppose to sell a car that isn't titled to you, this is unless you have a power of attorney from the titled owner or licensed dealer that gives you that legal authority. Selling a car you do not have the title for is not a legal transaction. In Wisconsin you also cannot sell a car you owe money on. If you owe money on the vehicle your title will show a lien. You must get a lien release from the lender first to be able to sell a car you owe money on. Lenders do not generally hand you a lien release unless you first pay off the car.</p>
<p>After you sell your car then you must sign and date the title in the specified "signature" area of the selling owner or owners. If there are more than one owner signature on the title and the names are separated by the word "and" then all owners must sign. If the names are separated by "or" then any of the owners can sign. If you've lost the title and no longer have it you can apply for a replacement title at the Wisconsin Department of Transportation. The original will become invalid once you apply for a replacement copy. Also, under federal law you are required to accurately fill in the odometer mileage statement on the title. Also on the title you must fill in the buyers name and address and selling price. The Department of Revenue checks suspiciously low priced car sales on titles.</p>
<p>Finally to have a legal copy of the whole transaction in case of later accusations of odometer fraud, or in case of a bounced check, etc., you will need to complete a auto bill of sale form or "Bill of Sale" for short. You will need to keep a copy of this for your records.</p> ]]></description>
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