joint tenant 사망시 사망자의 소유지분은 생존자에게 자동으로 이전된다. 따라서 소유권이전과 관련된 별도의 법원절차를 밟을 필요가 없다.
카운티의 부동산 등기부상의 명의를 이전하기 위해서는 사망증명서 (certified copy of the death certificate)와 사망진술서(Affidavit of Death of Joint Tenant)가 필요하다.
산타클라라카운티는 아래와 같은 사망진술서 양식을 받아들이고 있다.
(Sample Form)
AFFIDAVIT OF DEATH OF JOINT TENANT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, [affiant's name], being duly sworn, say:
I am 18 years of age or over. The decedent described in the attached certified copy of Certificate of Death is the same person as [name of person who died here], who is named as one of the parties in the deed dated [date], executed by [name of grantor] to [name of decedent] and [name of surviving joint tenant], as joint tenants, recorded on [date], in [ e.g., Book __, page __] of the Official Records of Santa Clara County, California, covering the property situated in [city], Santa Clara County, California, described as follows:
[Provide legal description]
Dated:
[Signature]
[Typed name]
Affiant
Subscribed and sworn to before me on
[date]
[Signature]
[Typed name]
[Seal] Notary Public for the
State of California
Wednesday, October 27, 2010
Thursday, October 14, 2010
statutory advanced health care directive는 무엇이면 어떻게 작성하는가?
캘리포니아주는 의료결정권과 관련되어 advanced health care directive 의 법정양식을 마련하여 일반인들이 의료결정권의 올바른 행사를 돕고 있다. 차후 자신의 병원치료에 대한 구체적 의사결정을 미리내릴 수도 있고, 자신을 대신하여 의사결정을 할 대리인을 선임할 수도 있다. 즉 statutory advanced health care directive는 living will 과/또는 power of attorney for health care 역할을 하는 것이다.
주정부의 웹사이트에서 양식을 구할 수 있다.
주정부의 웹사이트에서 양식을 구할 수 있다.
법정위임장 (statutory power of attorney) 작성 방법은?
캘리포니아주에서 다음과 같은 법정위임장 양식을 채택하고 있다. 법정위임장은 durable power of attorney을 부여함이 원칙음을 유의하여야한다.
UNIFORM STATUTORY FORM POWER OF ATTORNEY (California Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY LATER IF YOU WISH TO DO SO.
I, _____________________________________________________ (your name and address) appoint __________________________________________________________ (name and address of the person appointed, or of each person appointed if you want to designate more than one) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE MARKED WITH A (N) AND IGNORE THE LINES IN FRON OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
INITIAL
_________ (A) Real Property Transactions.
_________ (B) Tangible Personal Property Transactions.
_________ (C) Stock and Bond Transactions
_________ (D) Commodity and Option Transactions.
_________ (E) Banking and other Financial Institution Transactions.
_________ (F) Business Operating Transactions.
_________ (H) Estate, Trust, and other Beneficiary Transactions.
_________ (I) Claims and Litigation.
_________ (J) Personal and Family Maintenance.
_________ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or civil or military service.
_________ (L) Retirement plan Transactions.
_________ (M) Tax matters.
_________ (N) ALL OF THE POWERS LISTED ABOVE.
YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT: ____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED EVEN THOUGH YOU BECOME INCAPACITATED.
This power of attorney will continue to be effective even though I become incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED.
EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED
___________________________________________
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY," THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.
I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effect as to a third party until the third party has actual knowledge of revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.
Signed this __________ day of _______________________, 19________.
__________________________________ (your signature)
___________________________________ (your social security number)
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA )
COUNTY OF _____________________ )
On _______________________, before me, ________________________________, the undersigned notary public in and for the State of California, personally appeared ____________________________________, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________________ Signature of Notary Public My commission expires ___________________
UNIFORM STATUTORY FORM POWER OF ATTORNEY (California Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY LATER IF YOU WISH TO DO SO.
I, _____________________________________________________ (your name and address) appoint __________________________________________________________ (name and address of the person appointed, or of each person appointed if you want to designate more than one) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE MARKED WITH A (N) AND IGNORE THE LINES IN FRON OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
INITIAL
_________ (A) Real Property Transactions.
_________ (B) Tangible Personal Property Transactions.
_________ (C) Stock and Bond Transactions
_________ (D) Commodity and Option Transactions.
_________ (E) Banking and other Financial Institution Transactions.
_________ (F) Business Operating Transactions.
_________ (H) Estate, Trust, and other Beneficiary Transactions.
_________ (I) Claims and Litigation.
_________ (J) Personal and Family Maintenance.
_________ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or civil or military service.
_________ (L) Retirement plan Transactions.
_________ (M) Tax matters.
_________ (N) ALL OF THE POWERS LISTED ABOVE.
YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT: ____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED EVEN THOUGH YOU BECOME INCAPACITATED.
This power of attorney will continue to be effective even though I become incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED.
EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED
___________________________________________
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY," THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.
I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effect as to a third party until the third party has actual knowledge of revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.
Signed this __________ day of _______________________, 19________.
__________________________________ (your signature)
___________________________________ (your social security number)
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA )
COUNTY OF _____________________ )
On _______________________, before me, ________________________________, the undersigned notary public in and for the State of California, personally appeared ____________________________________, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________________ Signature of Notary Public My commission expires ___________________
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