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What scrutiny of foreign wire transfer from inheritance?

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vike22

Guest
I expect to soon wire transfer a substantial amount from a foreign bank to my Florida bank from an inheritance. What scrutiny can I expect and what procedures or paperwork can I expect to have to complete and what, if any, taxes will I be required to pay?
Also, the attorney representing me has requested that I give him Limited Power of Attorney to settle the estate, but is there specific verbeage that I can insert that would protect my interests in case the lawyer is less than scrupulous?
Thanks.
 


Dandy Don

Senior Member
What is the amount of the wire transfer? You can expect no scrutiny or paperwork--just wait for the amount to show up on your bank statement or for the bank to provide you with an official receipt of the transaction. If the amount is over $10,000 they are required to report the transaction to the IRS, but that is just a formality so the IRS can check later on to see whether or not you report this on your income tax form.

As far as the tax liability, you would need to consult with a tax accountant or CPA or an estate planner to get an official answer. If I'm not mistaken, I think that the first $650,000 of an estate is exempt from income tax, but their might be state taxes involved.

What was the reason you hired this attorney or what services has he performed for you already?

Whose estate did this inheritance come from?

Whose estate will this attorney be "settling"?

If he is an executor, then either you would be paying the fee that you paid to hire him or he will receive his executor fee from the estate. Normally, a power of attorney is NOT needed to settle an estate and I think he is trying to put something over on you.

Please do NOT give him Limited Power of Attorney unless he can give you a more specific explanation of why it is needed (and even then you should get a second opinion from another attorney about anything he tells you). You would be giving up control to make financial decisions to him, and there is no need to do that unless you are mentally incapable of making such decisions. That could be an excuse for him to steal excess monies and it would be difficult for you to get it back without going through a costly legal process.

If you don't already have a will prepared, you should consider having one done to protect your financial interests in the unexpected event of your death and to help your heirs avoid hefty taxes in the event you didn't have a will--it's always better to prepare in advance.

SINCERELY,

DANDY DON
 

Dandy Don

Senior Member
I forgot to mention that the only circumstance where it might be advisable to give power of attorney to your attorney is if he was representing you in a foreign country helping to get an estate settled there, where you couldn't be there in person to review or sign any documentation.

DANDY DON ([email protected])
 
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vike22

Guest
power of attorney question

Dandy Don,
The estate IS in a foreign country, and I will not be able to be there to personally oversee the procedure. Is there a type of Limited Power of Attorney that I could authorize that would still protect my interests? Are there specific clauses or verbeage that I could insert to protect myself?
I really do appreciate your time to answer these questions. Invaluable!
Thanks again,
Jeff
 

Dandy Don

Senior Member
You could do a search on search engines on the Internet under the phrase "Limited Power of Attorney" and get a sampling of forms, or go to the library and look in the business books section of General Business Forms and you could find a sample there.

However, for a matter of this importance you would be much wiser to consult a business law attorney or a probate attorney in person to get the language specifically tailored to your needs.

DANDY DON
 

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