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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 33784
Experience:  15 years practicing criminal defense.
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My ex husband brought back a woman from China and married her

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My ex husband brought back a woman from China and married her 8 months before his death. After he found out he was sick he had me draw up papers so our son would have full Power of Attorney over all financial and medical affairs. He had cancer through out his entire body but what got him was the brain tumors. He lost full function of his left side and 2 weeks before he died he barely had any function of his right side which means he couldn't even hold a pen to sign his name. While settling his affairs after he died we found a Quit Claim Deed recorded 2 days before he died adding his wife. The document was signed 7 days before his death but was signed by someone else. His wife knew that my son was POA and never said anything about this document. There were three signatures on the recorded document but were all different and none of them were his. She is also doing other things trying to find out how much money she can get but she is not telling immigration that he is deceased. Do we have to go to the prosecuter's office to file charges and can we? Not sure what to do.
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Did he actually sign the deed or did someone forge his signature?
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Was the deed notarized by a notary public?
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As far as you know, was he able to speak prior to death?
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Thanks
Barrister
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Customer: replied 3 years ago.

He could speak prior to death but at that time he didn't always know what he was saying or doing and his mother was with him from 8am to about 9pm everyday. He was also sleeping most of the time due to the amount of morphine that he was receiving. He lost almost all of his muscle movement and couldn't even hold a pen. The document was prepared by her Chinese lawyer and also notarized by a Chinese person. The signatures on the document are not his.



Thanks


Sandra

Ok, not to be the devil's advocate, but a person can direct another to sign their name on a deed or other legal document if they are unable to do so. As long as they can communicate that this is their desire, another person can sign on their behalf. The notary is there to be a legal witness and to testify if necessary that the person did direct someone to sign on their behalf.
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Now whether this is the case or not, honestly, there is no way to know as it is a virtual certainty that the witnesses and the notary will testify that he directed someone to sign on his behalf if he was unable to do so on his own.
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As for other assets, if she was legally his wife, then his estate would descend according to any will or by the default state laws. If he held assets jointly with wife, she would automatically get those on his death. But if he had assets in his sole name, the will or state law would control. If he had no will, then under NY intestacy laws, the wife gets the first $50,000 of the estate and 1/2 of any amount over that. The children split the rest equally.
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Thanks.

Barrister

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