Sorting POA for USA...
 

Sorting POA for USA estate

12 Posts
7 Users
0 Reactions
469 Views
Free Member
Topic starter
 

So my dead beat Dad died in the US a couple a years ago as a US citizen, he didnt leave a will and never divorced his American wife who he left over 20 years ago 🙄 

 

Fast forward to 2025 and it turns out his wife who he left over 20 years ago is entitled to 1/3rd of his estate plus $60'000 under North Carolina's State law, then his kids are entitled to the remaining 2/3rds

 

So the US attorney says the kids in the UK need to nominate someone for power of attorney for the sale of the property (we have a buyer waiting) and that person needs to be noterized by the US Embassy in London

 

Now none of us really have the time to go to London to the Embassy and looking online at their website there are no availible time slots for few months anyway

So can a UK solicitor do this instead? or does it have to be done at the US Embassy?

 

 

 

 

 
Posted : 19/03/2025 10:45 am
Free Member
 

A UK-based Notary Public should be able to provide the service https://uk.usembassy.gov/u-s-citizen-services/notary/ (the bit about an "apostille")

Some UK solicitors' practices have an NP and some of those will have knowledge of US legislation, some specialise by country due to translation skills, etc.

Ask one

 
Posted : 19/03/2025 11:16 am
Full Member
 

Posted by: escrs

Now none of us really have the time to go to London to the Embassy and looking online at their website there are no availible time slots for few months anyway

Can you do it at the American consulate in Edinburgh or Belfast?

 
Posted : 19/03/2025 11:42 am
Free Member
Topic starter
 

Cheers for the replies, will look into a UK-based Notary Public

 

Edinbrugh and Belfast are even further away than London as we are on the south coast, we all work full time and cant really take a day off easily to go to London and even then there are no availble slots at the Embassy

 

 

 
Posted : 19/03/2025 12:30 pm
Full Member
 

If it's a decent chunk of money then I'd be finding the time to have a day off!! 

 

 

 
Posted : 19/03/2025 12:57 pm
Full Member
 

Died two years ago
Need a POA now. 

I know the US is behind the times right now but.... 

 
Posted : 19/03/2025 4:56 pm
Free Member
 

As above, a notary doesn't have to mean visiting the embassy - it's quite possible that the US lawyer simply isn't aware that there are plenty of notary publics around, we are dealing with FiL's estate part of which is in the USA so have similar issues....

Attorney for who though? Who is the executor of the estate? Executor's signature, properly notaris(z)ed, should be all that's required for the sale.

Agree with above poster that for 2/3rds of a house I'd be making time, perhaps even for a trip to the USA. North Carolina will be beautiful in the spring. We are off to Boulder shortly, dealing with FiL's estate makes a great excuse for a holiday. You've even got a house to stay in while you're there 🙂

 
Posted : 19/03/2025 6:10 pm
Free Member
 

I will also add that in our case the process for dealing with FiL's estate requires an application for in Colorado, which can (hopefully) be done through my wife's UK probate letter being transferred/applied (I think there was a legal term but forget what it was) to Colorado. This process is underway right now.

 
Posted : 19/03/2025 6:23 pm
Free Member
 

If OP can do the Power of Attorney in front of a Notary Public (which can be annoyingly expensive), that's great...but if it then needs to be legalised (stamped) by the Foreign and Commonwealth and Development Office, as well, then the costs and hassle will rise.

But North Carolina seems to allow online notary services, OP - would that solve the problem? You may need to get the lawyer to explain what is needed step by step.

https://www.onlinenotary.us/north-carolina/

 
Posted : 19/03/2025 6:50 pm
Free Member
Topic starter
 

Cheers for the replies

Looks like ive found someone who can do it locally to me

No way im going to North Carolina, even though we are entitled to 2/3rds of the property, after taxes & fees we will be lucky to walk away with 10k each so not worth going over there

 
Posted : 20/03/2025 11:53 am
Free Member
 

Yeah if he lived in a tent it’s probably not much to get excited about 🙂

 
Posted : 20/03/2025 2:03 pm
Free Member
Topic starter
 

Not quite a tent but its a trailer park house with 2 arces of land in a wooded area

We have an offer of $210'000 but there is $40'000 left to pay on the mortgage so that leaves $170'000 but his seperated wife gets $60'000 plus 1/3rd of whats left (North Carolina state law) so that leaves $110'000 minus her 1/3rd of $36'000 leaves $73'000 to be divided by 5 siblings means we all get $14'000 each

Once you take in to account the exchange rate, any taxes and attorney/real estate fees i think will we be lucky to walk away with £10'000 each

 
Posted : 20/03/2025 11:40 pm