Father passed away abroad, need help on what I need to do

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rukawa

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Hello thelaw.com forum, I'm completely unaware of what to do as I just found out my father passed away from illness in Taiwan a week ago and he told everyone not to tell me he was ill. He was a US citizen as well as a Taiwanese citizen. I'm here in Taiwan for the funeral ceremonies and would like to know what information I need to bring back to New York(where I reside and where my dad lived for 25 years until 2010).

I don't think he left a will in America but he wrote out how he wanted his assets distributed in a note when he was dying. The note basically distributed his Taiwan assets to his family in Taiwan(uncles,aunts, cousins) and all of his American assets to me and it is stamped by him(which is like a signature in Taiwan) and my aunt and uncle can attest that he indeed did write it. I am his only son and he divorced 10 years ago to my mom. I'm pretty sure that's not considered an official will which is why I don't know what steps to take to claim his estate.

Also, because they divorced, is there any way I don't have to tell my mother of the death(My dad told her when he retires to Taiwan(Feb2010) he'd stop talking to her(not from anger but he just wanted separation of US life and Taiwan life). She loved my dad very much, I don't want her to feel the sadness that I feel(I am in no way hiding the death for estate distribution gain as my mother is well off and would never take his money). Any advice would be appreciate, thanks a lot.
 
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Forget anything about Taiwanese law as to the settlement and distribution of dad's US assets.


NY state law will determine that.

Your dad died intestate.
That means without a will.

If you are the only issue of his previous unions, you are his sole legal heir.


His ex-wife takes nothing under NY laws of intestacy.

You, on the other hand, legally take it all.


You can distribute it as dad wished.

You are not legally bound to do anything except collect it.



Google NY laws of intestacy for more information.

If there are 2 other siblings, you each get 1/3 share.

You share proportionately.

If not, you're the sole heir.
 
Thanks so much for the reply. Do I still need a lawyer? How do I tell the state my father died if a lawyer is not needed? What else besides death certificate do I bring back from Taiwan? I'm still unclear how I inherit, do I get a piece of paper to show each bank/institution that what was his is now mine?
 
Depending on the value of his estate, it may have to be probated.

You might want to discuss this with an attorney.

The attorney will advise you how to proceed.

Nothing is gonna happen until you return to the US.

In the meantime, Google laws of intestacy and probate in NY.

You can educate yourself before you meet with the lawyers.
 
If I am not worried about anyone besides me claiming the inheritance, do you still think I need a lawyer? I googled what you told me and learned a bit. It seems I can just file the form to be administrator and just carry out whatever I need to do as executor. My father has no debts, I would just transfer the assets to myself(change the accounts to my name?). Let me know if I'm wrong. Thanks again army judge, you're a great help in these times for me
 
You're welcome, rukawa.
You can try, and if you get confused, retain a lawyer.
It isn't as easy as it appears, especially if real property is involved.
Otherwise, take care.

If I am not worried about anyone besides me claiming the inheritance, do you still think I need a lawyer? I googled what you told me and learned a bit. It seems I can just file the form to be administrator and just carry out whatever I need to do as executor. My father has no debts, I would just transfer the assets to myself(change the accounts to my name?). Let me know if I'm wrong. Thanks again army judge, you're a great help in these times for me
 
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