Durable Power of Attorney

Durable power of attorney This is a legal document that allows you to nominate one or more persons to make personal, business and asset management decisions on your behalf.  The term ‘durable’ indicates that the power of attorney is effective even if you are incapacitated.  You can choose whether you want your Power of Attorney to be ‘springing’ or ‘immediate’.  Springing means your agent may only act for you if you have become incapacitated, usually as determined by and attested to 2 physicians in writing.   An immediate power allows your agent to act on your behalf at any time whether you are incapacitated or not.

Advance Health Care Directive

This document empowers the person you name to make certain medical decisions on your behalf if you are unable to do so.  This person is also authorized to carry out your wishes concerning end of life decisions such as life support. Usually you will also name one or more alternate agents to act for you in case your first choice is unavailable.

Deed Preparation and Recording

Competent preparation and recording of Grant Deeds, Quit Claim Deeds, Affidavit of Death of Joint Tenant, Affidavit of Death of Original Trustee, Deeds of Trust, Assignment of Deed of Trust,  Warranty Deeds,  Gift Deeds, Trust Transfer Deeds,  Interspousal Grant Deeds.  Deed preparation services also usually include preparation of applicable preliminary change of ownership forms (PCOR) and claim for reassessment exclusion for transfers between parents and children.

Homestead Declaration

California Limits
Single Person
$ 50,000
Married Couple
$ 75,000
Over Age 65 or disabled
$ 150,000

A homestead declaration is a written statement, made under penalty of perjury, that claims a particular “dwelling” (for example, a house, condominium, boat, or similar property) as the owner’s principal place of residence. For simplicity, this guide uses the word “home” to signify a person’s principal residence dwelling.

If unforeseen circumstances lead to involuntary liens against you, such as through lawsuits or judgments and often even bankruptcy, the equity in your home can be protected up to the following limits.

Arizona Homestead protects up to $150,000 in equity.

Every State provides for some level of homestead exemption protection.

Preparing and filing a Homestead Declaration may enhance the protections that my be granted automatically under State law.  Call AmeriEstate for more information on your State’s law.

Small Estate Affidavit

In cases where the total amount of assets personally owned by a decedent (eg. not owned with a joint tenant, in a trust or payable directly to a named beneficiary) where the total dollar amount is beneath the minimum threshold for probate, then a Small Estate Affidavit, sometimes also referred to as an Affidavit of Domicile, can be used to gain access to these assets without the need for probate.

For example, a decedent in California who had less than $100,000 in assets titled in their name only, could be transferred to that persons successor(s) without the need for probate by submitting a properly completed Small Estate Affidavit.

Traveling Notary Service

Personal delivery and notary service is included for most Estate Planning services such as Wills and Trusts requested by AmeriEstate clients.

In Case of Emergency (I.C.E.) Card for College Students

Letting go can be difficult. When the time comes and they are ready to leave home to begin life as college students, there is only so much you can do to protect them. But what many parents are not aware of that in case of serious illness or injury, hospital staff’s interpretation of a law called HIPAA can prevent you from receiving information about your college-age child’s medical condition.

In an emergency, the I.C.E. card immediately shows medical personnel vital information about your child such as allergies, parent contact information, medical conditions, and the child’s college/university. It also provides them access to your child’s Advance Health Care Directive and HIPAA release - permitting you to receive information about your child’s condition and legally make health care decisions, if necessary. Download to learn more about the I.C.E. Card and enroll your college aged student here.

This publication is designed to provide accurate information in regard to the subject matter covered.  It is not intended to be relied upon for legal, accounting, tax or other professional advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.