Law Office of Smokey Brown, PC

A Health Care Power of Attorney (or Living Will is a written document that alleviates an individual's concern and anxiety about becoming incompetent due to aging, illness or accident. This document allows a competent person to determine, in advance and in writing, the kind of future medical care and treatment he or she wishes to have in case they become incapacitated or terminally ill. They will use this document to appoint an agent or proxy to exercise your wishes to continue or discontinue medical treatment.

A Durable Power of Attorney is a written document which is recorded in the county which you reside. It allows another person or persons, called an agent or attorney in fact, the power to act legally on behalf of the person, called the principal, who authorizes and grants the power. The person appointed does not have to be an attorney. Spouses usually name their husband or wife to be their agent. A power of attorney granted during the principal’s life terminates at the moment of death.

A Will makes it possible for the testator to: • Designate how much and to whom all property owned, real or personal, is to be distributed after death. • Leave property to family members equally or in varying amounts based on need or the affection for or worthiness of the chosen recipients.

Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special issues of practice, and problems not present in other transactions. A real estate lawyer is trained to deal with these problems and has the most experience to deal with them.

Generally speaking, it is a contract of indemnity that is often required by lenders in order to insure the lender that the owner of the property has good legal title to that real estate, that the lender has a valid lien, and to compensate the lender in the event of a loss arising from the covered risks set out in the policy. Buyers purchasing real estate often choose to obtain an owner's title insurance policy to ensure their interest in the real estate.

Lender’s title insurance does not protect the property owner. The owner must purchase an owner’s policy for that valuable protection. Because of a simultaneous issue premium rate, the cost of an owner’s policy is minimal and is paid only once, at closing. The most thorough and competent title examination cannot protect against loss from hidden title defects created by misfiling and mis-indexing in the public records. Other covered risks are called “off-record”, meaning they are not created in the public records.

I used Smokey for a real estate closing as well, but the cost was extremely reasonable. You may want to give them a call.