大咖福利影院

@roddieshow

I don鈥檛 know if it鈥檚 possible, as you are in Brazil, but one of things my family did when my mother was in her early 90s was to have my oldest brothers name added to her bank accounts. The second thing we did was to add us all(4 siblings) as beneficiaries to her IRAs. This only left the sale of her house to liquidate after her death at age 96. I don鈥檛 know how many are involved in your situation, but my mothers will stipulated we would all split the ownership of the house. So if you do the work upfront, it makes things somewhat simpler.聽 Anyway, I am not an expert. Just wanted to share my experiences.

08/12/24 @roddiesho.聽 I would recommend contacting the US Consular Agency in Fortaleza with the question of how to document the death of an American citizen in Brazil in a way that will satisfy US law, and run the answer by your Trustee.聽 The Agency's contact information appears here:

Note that the Agency will be closed between August 21 and September 17, 2024:

You should still be able to get an answer from the Consulate General in Recife, though, then or anytime.

08/12/24 @roddiesho.聽 And one more thing ...

Naturally we almost always discuss apostilles in the context of immigration here, but the Apostille Convention is far more wide-ranging than just immigration:聽 it goes both ways (i.e., Brazilian apostilles are just as valid in the United States as US apostilles are here) and vital records are very definitely included in the scope of the Convention.聽 So an apostilled, translated Brazilian Death Certificate should have the same validity in the United States that an American one does, as the Consulate will probably tell you.聽 Even if your Trustee has never seen an apostilled document from abroad before, the Supremacy Clause of the US Constitution doesn't care:聽 if a ratified treaty says that a document is valid in the United States, it's valid, end of story.

@bepmoht Much Appreciated! Unfortunately, my younger brother, the trustee, has his name all over her documents and what money he doesn't have access to before, he is determined to have when she passes. Generally, it is possible that I was always closest to my parents and lived on the East Coast, (we are from R.I.) while he moved away to the West Coast.

As I mentioned we are very comfortable here in Brazil and I have to give my younger brother credit for handling the finances so me, Simba and my mother could ALL move to Brazil. (He still lives in California).聽 My mother is 97 and will someday end her time in peace. I just don't want the last memories of her time to be a money grab.

Roddie in Retirement

@abthree In my heart I would just like to say a few words when she departs and leave it at that. Lying for a birth certificate, just so he can have access to her money would sour my heart for years.

With that in mind where would we get the Death Certificate appostled?. Also I have taken a rest from hard thinking, so I am not following my brothers reasoning. Even if she passed in Brazil is he saying that because he put his house in California as the primary residence if the death certificate said otherwise it would jeapordize his access to her money? Really, there is only the two of us and we split everything 50 // 50 so this cloak and dagger has me miffed.

Roddie in Retirement

@abthree My DaD stayed around until he was 99 and even then, only because he had an accident at Dunkin Donuts, otherwise he would still be here. I trust my mom will make it to late September, it's just that my wife has told me because of the weather everything happens quickly when a body goes so i want to be prepared.

Roddie in Retirment

08/12/24聽 聽 @abthree In my heart I would just like to say a few words when she departs and leave it at that. Lying for a birth certificate, just so he can have access to her money would sour my heart for years.With that in mind where would we get the Death Certificate appostled?.聽 聽 聽 聽 聽-@roddiesho

I absolutely get that.聽 The Hague Convention Competent Authority for issuing apostilles in Brazil is the Federal Judiciary, through the Conselho Nacional de Justi莽a (CNH).聽 The CNH has authorized designated cart贸rios in each state and the Federal District to issue apostilles, and anyone needing a Brazilian Apostille can look up the closest designated cart贸rio here:

@roddiesho, this is not an easy topic here.

When I created my trust a while ago, I also created a will.聽 Does your mother have a will in the US?聽

Also, I have not heard that a trust needs to have a US residential address.聽 However, I registered my trust with the county and changes to that trust document no longer needs an address - just a reference to the original trust.

I am not sure what the concern is - if it is fairness and other family considerations - then your mother can update the trust at will.聽 I guess the only concern here is whether she is fit to change the trust - that will depend on the person who has the medical POA.

In the end, it's only about money and I think that you are getting the better part of the deal - spending time with your mother.

@Pablo888In the end, it's only about money and I think that you are getting the better part of the deal - spending time with your mother.

I agree, however she is 97 and my wife has alerted me that especially in Brazil, because of the temperature the death, burial etc. happens very quickly so i just want to be prepared.

So, spoiler alert, my younger brother is the trustee. My father passed away at 99 made his last wish that me and my brother take care of my mother if he passed first. We were extremely prepared, so when he passed my wife came up from Brazil where she was staying at the time, took my Brazilian mother and brought her to my wife's house which has turned into a very, very large Assisted Living Compound with three houses and lots of property.

Quick note, my brother and i were able to catch my father when he was still of sound mind and body to take care of everything, including POA and changes to the will. My mother even 3years ago was challenging. We took care of the will with my father, but my mother has no will etc.聽

This all began when I asked my brother for convivence sake to draft an obituary for her to be ready. He remarked to me that I needed to make sure I had a Death Certificate which listed my brother's San Francisco house as her primary residence etc.聽 Since she has spent almost all her life in R.I. and the last two years in Brazil, I was taken aback by this. He is in charge of ALL the funds and apparently there is enough left to bother doing this so that he can access what is left. I think the way it stands is that papers he filed with her banks etc. did not just list him as the trustee, but also as the caretaker etc. with her residing at his house. This is all on file with her banks. A Death Certificate that listed her as living in Brazil would run counter to this.

I totally agree with your initial statement, but I find it a dishonor to have her leave her life this way. My brother has been financially indispensable and has been a real estate developer in S.F. for decades, so I am sure he is well into the millions, He is also directly responsible for everything financial about moving me, my wife, my mother and SIMBA to Brazil, however he has this thing about having loose hands with our parents' money.

Roddie in Retirement

@roddiesho, I pray that everything in the family works out.... I think that your brother knows that money does not bring happiness.

@abthree Promise me you will make a movie about my crazy life....so I just talked to the lawyer who completed the Will and POA for my father. I just wanted to confirm that nothing had been done like a will in writing, signed etc. For my mother.聽 I would like to have a will done for her here in Brazil for closure. Her Death Certificate will have to be here, and she has been here for the last two years. As I mentioned I just want it to be done and not be pestered by another family member about any loose change she left under the bed when she passes.

Is it possible, if so, what would she need to provide?

Unfortunately, our old lawyer left the speaker phone open and was rambling on, like someone who had never left the block...He could not grasp the fact that I was not asking him to do a Brazilian Will, but only his advice on if there were any legal ties my mother had committed to in the USA.

Roddie in Retirement

@Pablo888 I am having a lot of trouble with my brother's desire to list his San Fracisco, CA. address on the Death Certificate even though my mother has never been there for more than a holiday weekend. I have pretty much given up the fight, No WILL, only a good Obituary, even though it will hurt me immensely to lie. Why is it so important to put his American address on the Death Certificate if she has been living here in Brazil permanently for the last two years and before that she was living in R.I., though we sold that home.

Roddie in Retirement

08/17/24 @roddiesho.聽 On reflection, it seems likely to me that your brother is thinking ahead as your Mom's executor and trying to ensure that when the time comes he can probate her estate in California courts, without Brazilian courts claiming jurisdiction.聽 From everything I've heard about probate in Brazil, that's probably a good idea for everybody's sake, including yours.聽

Since your brother has your Mom's Power of Attorney, I'm not sure that you even could set a Will up in Brazil; even the attempt could complicate things.聽 If your brother's goal is to keep everything in California jurisdiction, those lawyers in Fortaleza that you and your wife have on speed dial from your immigration saga probably can help you make sure that the Brazilian paperwork supports that.

@abthree Unfortunately our family lawyer was cuckoo, so it was hard to get a straight answer from him and I am still laughing about the way he left the speaker phone on and was rambling after the call. The fact is I really wanted to find out from him if my mother had any legal ties whatsoever. She doesn't have a Will, and I am not sure the POA extends to her. The estate would be my father's, and I am not sure she is legally tied in anyway.聽 Basically, to come up with a new legal term, she is a freelancer. There is nothing to go thru probate on and honestly whatever assets she had my brother has

already "borrowed" I know he is thinking ahead, so am I, after all is said and done, I am the older brother, the one in the newspapers being held by my mother on Graduation Day at Brown University as the first African American to graduate PHD from聽 Brown University. He was not even born then.

The one possibility was brought up by Carminha. My father has a Pension. (US. Army Service) I think it is $4k a month where Michael sends $2k a month to Carminha to take care of our mother and holds the rest. That is the only thing I can see that is tied to Mom.

Be that as it may....@Pablo888In the end, it's only about money and I think that you are getting the better part of the deal - spending time with your mother

聽 聽 So as much as I don't want to admit it I am just a 64 year old guy who is coming off a sever case of SHINGLES, who has his own parking space at the Doctor's and is set to travel to Fortaleza for another Operation soon. I can only concentrate on my family and my last two bucket items of finishing my YouTube Channel and translating my middle-grade action-adventure book into Portuguese. So I am just trying to add a few pages to my calendar. I will continue to be incensed to present a scenario where my dear wife was not the one who cared for my mother day and night, cleaned the sheets, fed her and got her to take her medication. The idea that it would be recorded history that my mother was really just passing thru Brazil and somehow got that high level of care and compassion in San Francico is extremely hard to swallow, but I won't stand in the way I have a few years left, I hope.

The one good thing is I have written the best Obituary possible based on my late father's extensive notes and will honor her with that.

Roddie in Retirement

@bepmoht Sorry, I just saw this because it is spelled @roddiesho.聽 No "w" It stands for Roddie's Home Office Roddie (SHO)

All good points.

My younger brother, the executor, and I were incredibly organized when my father passed. Everything was taken care of. POA Medical, POA, Financial, you name it. My brother even had my dad change the will so that the house went to me and my brother evenly. This was not to pass over our Mom, but only because if he passed. We could move on and sell the house etc. and split it 50/50

My mother not so much. She was how do you say ornery and so no will or anything was done for her.

So just a quick timeline. My Brazilian mother has lived in R.I. for at least 50 years. My father passed at 99 in 2022. His lasting wish was if he went first that we would take care of our mother (fyi she is not our natural mother) My wife who is Brazilian took her back to Brazil to her home in Northern eastern Brazil. I followed after the house was rehabbed and sold. She is 97 now and we have lived here for the last two years.

The challenge is that in preparing for that day, my younger brother, aka the one who has control of all the money, told me that her Death Certificate would have to have her address in San Francisco where he has recorded her as living, even though she never spent more than a holiday weekend there and has lived here for the last two years. The arrangement was to appear if she lived in the USA and was just visiting when she passes. I was extremely upset because that indicates that even though my wife has taken care of her, cleaned her bed sheets. fed her three meal a day, comforted her and gave her medicine etc. for the last two years that was all a fantasy because she did not actually live here.

As I announced in a later post, I am 64 and have my own health issues, so as much as it hurts, I will be hands off, let my brother have his way and just create the best Obituary I can for her as a lasting testament.

I do have to mention, that my younger brother who has been very financially successful as a Property Developer in S.F. for the last 20+ years including Apartment Buildings, is the reason the family is all together here. He was extremely helpful financially in making it very possible for us to have this life. I just don't like the "story"

Roddie in Retirement

聽 聽 @bepmoht Sorry, I just saw this because it is spelled @roddiesho.聽 No "w" It stands for Roddie's Home Office Roddie (SHO)

聽 聽 -@roddiesho

Roddie,

Thanks for the explanation of your pseudonym.

@alan279 Thanx, when we leave this world sometimes our secrets leave with us so I figured I would clear that one up. My natural mother was the first African American female to graduate from Brown University with a PHD and has a fellowship named after her.

I am here and my whole life from 10yrs old and on is because of my Brazilian mother that my dad married when I was 8 and the influence, she and her homeland had on me

My natural mother passed away at 45 when I was 5. My brother was barely 1, and ...

I do not remember the sound of her voice.聽 Never got to mention that to my dad either before he passed away, so I am stuck.

Roddie in Retirement

P.S. There is some hope. A very industrious group worked hard when choosing who the

聽 聽 聽 聽 Fellowship would be named after.聽 On my next visit I plan to thank them and see if

聽 聽 聽 聽 they have any recordings.

聽 聽 聽 聽 This was way back in the early 60's so I guess video

聽 聽 聽 聽 would be too much to ask.