Legal Question in International Law in Pennsylvania

My father is 91 and lives in india and he gave my younger sister a power of attoerny and want her to divide wealth and property equally among us four (2 bro and 2 sis). However, she might take most of myshare as she has all the paper/doc. What are my option? Inheritance law. Please help.


Asked on 10/29/13, 2:11 pm

1 Answer from Attorneys

You need to see a lawyer in India. No Pennsylvania licensed attorney, unless they are also licensed in india, can help.

Powers of attorney are for the living, not the dead. And a power of attorney cannot be used to "divide wealth." The purpose of a power of attorney, at least in the US, is for the agent to manage the property of the principal for the benefit of the principal. The agent cannot give away the principal's property unless the power of attorney specifically authorizes the agent to make gifts. And when I do powers of attorney, I place limitations on the gifts that can be given. Gifts may be useful for wealthy people as an estate planning/tax device so in those cases the principal wants the agent to be able to do that. However, even in those cases the agent cannot give everything away so as to impoverish the principal. There are also restrictions on an agent under a power of attorney using the power of attorney to benefit him or herself.

Wills are for the dead. Are you maybe confusing a will and power of attorney?

You really need to go and see an attorney familiar with Indian law in the province where your father lives to see what can be done. I know powers of attorney can be overridden in the US by the initiation of guardianship proceedings but I don't know if that is available to you or not.

Good luck.

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Answered on 10/31/13, 9:48 pm


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