How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23426
Experience:  14 years practicing criminal defense.
19958803
Type Your Criminal Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My ex husband brought back a woman from China and married her

Resolved Question:

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.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Did he actually sign the deed or did someone forge his signature?
.
Was the deed notarized by a notary public?
.
As far as you know, was he able to speak prior to death?
.
.
Thanks
Barrister
.
Customer: replied 1 year 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

Expert:  Barrister replied 1 year ago.
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.
.
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.
.
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.
.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23426
Experience: 14 years practicing criminal defense.
Barrister and 10 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.