Inheritance dispute

Hello everyone, since the parties cannot agree with the division of assets, can I go back to the US? I have already overstayed my visa but I cannot stay here alone forever. I heard it takes about 2 years in the courts. Will the court seek me out in the US? I cannot afford to hire a power of attorney, especially paying him up front and then the court may go in favor of the other party. Also, after I leave, can I trust him/her to do the right thing by me?
-@Wazzup

Was there a will? Is this a spouse's or relative estate?

The court will publish the ruling, but they do not notify you. It would be "unclaimed property" as it is in the US

You are going to need an attorney or appoint a power of attorney/representative.

Any legal matter has a chance it does not go the way you desire.

If it is a spouse then Brazilian laws outline the division of property. but it can be challenged.

Dear TexanBrazil, thank you for your answer. Unfortunately, it is my spouse who passed. I think I will just pick up the pieces and go back home. Thanks and God bless.

Dear TexanBrazil, thank you for your answer. Unfortunately, it is my spouse who passed. I think I will just pick up the pieces and go back home. Thanks and God bless.
-@Wazzup
Sorry to hear this. If you leave the dispute probably go to the others. Now a Power of attorney (POA) can be anyone you trust and does not need to be an attorney, If you have someone that is willing to help, maybe you can pay them on the conclusion

of the proceedings.

Yes it can take a while especially if no will was left.

Hi, is there any other way to send money from here to US except WU & banks? I am thinking if I appoint a POA and I get something, how will he/she send it to me? Yes, my spouse nvr thought to make a will as most of us do, so it may take years, uh?

@Wazzup Good morning.

It would be in your best interest to hire a good lawyer. Paying an excellent lawyer to handle things for you is an easy and efficient way to get things done without wasting a lot of time.

You can check lots of sites on google. There are many lawyers in the wealthier cities in Brazil who speak English.

Devorah

languages4brazilians.com.br

While it is always best to retain a family law specialist. The poster said she can not afford to pay up front. In addition to the deceased passing  ‘intestate’, Brazil laws are specific,

Without knowing the complete situation, who can really say what is the best option?

@Wazzup

Since it may be a while before judgment on the dispute and elections, plus changes may occur as to money regulations entering or exiting Brazil, hard to say.

Many here use Wise. Who knows what options will be available to you in the future,

10/17/22 @Wassup.  I second all the advice that Texanbrazil has given you to date on how to deal with the facts of your situation.

As for transferring any funds you receive, the safest, least complicated way to transfer funds internationally, the way least exposed to diversion or theft, is what it has always been:  bank-to-bank over the SWIFT system.  It's certainly less expensive than WU; as for the others, they're all more or less a gamble to save a few pennies in fees and a few pennies in the exchange rate. 

@abthree Thanks so very much. Much thinking to do on my end. I appreciate your advice. God bless!

@devorahmichaela Thanks so very much. Much thinking to do on my end. I appreciate your advice. God bless!

@Texanbrazil Thanks so very much. Much thinking to do on my end. I appreciate your advice. God bless!

@Wazzup

I am no attorney, but I am dealing with the same issues.

If you were legally married to the spouse, then you are a "Meador" and your half is all but guaranteed ). 

You have to file in, other heirs are to pay for the Estate Taxes and Probate costs, but your end is Tax Free.   

Get an attorney. 

OK, if you want a strong challenge to your legal knowledge, I'll join this conversation. Until now, I have been reluctant to post anything on thee forums about this, because of it getting on the internet. But, now, I've changed my mind. Here's the first question.

Is it normal for a judge in the Itatiba Forum to ask us to pay 93,000 Rs to hear our case? (Yes, we have a lawyer).

11/08/22 Is it normal for a judge in the Itatiba Forum to ask us to pay 93,000 Rs to hear our case? (Yes, we have a lawyer).
-@Americano8

The answer to the question, without knowing the background, is "No".  It's hard to imagine any circumstances that would change that answer to a "yes", though.  Glad to hear that you have an attorney.  If your attorney has any evidence, s/he should consider filing a complaint with the Conselho Nacional de Justiça.

Is this Itatiba SP, in the Campinas area, or Itatiba do Sul in Rio Grande do Sul?

Is it normal for a judge in the Itatiba Forum to ask us to pay 93,000 Rs to hear our case? (Yes, we have a lawyer).
-@Americano8

I would definitely get a second opinion from a second facilitator or attorney

@abthree Itatiba SP, close to Campinas.

@rraypo We have been through so many attorneys I wouldn't even know where to start. Since 2015, we have gone through 9 different law firms. Why so many? Because most o them jut disappeared. (We were told my wife's family bought them off).  I keep thinking we need the press. I tried (many times) to get through to Globo or someone and get nowhere. This is one of the biggest Family Court cases in Brazil (still in the courts for 22 years) and over 100 law firms. 

Several months ago, my wife and I (with a unanimous decision by 3  desembargadors of the Court in SP) went to live on one of the properties of the estates. The inventariante refused to obey the court decision and we had to cut the chains at the gate to get in. Once inside the compound, the inventariante called police, cut off the water and electricity and we had no phone signal or working bathroom. Police stepped down when they saw the court papers.  The inventariante refused to allow food, water (or my wife's daily medications) to pass through the gate at the entrance and after almost 2 days like this we were in serious trouble and local police arrived to escort us off the property. I called the American Embassy and they were NO help. I tried to contact the press. I could not get through to anyone. Our attorney pressed for the court to enforce its decision with some kind of authority. It did not happen. The inventariante reacted by selling the property without notifying our lawyers (or us) and we are appealing the "sale" in court (Itatiba, where the judge wants the 93,000 Rs).   

11/09/22 @Americano8.  That sounds like something out of the Brazil of a hundred years ago.  Far beyond my knowledge to comment, except to wish you well, and to watch your backs.

@Americano8 have you thought about trying to contact “Ratinho”? He is a tv host and politician. He does all sorts of public interest stories and seems like a decent person.

https://en.m.wikipedia.org/wiki/Ratinho_(TV_presenter)

@Americano8

No.

You are getting gouged.  No legal standing on this.