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  #21  
Old 22.08.2012, 14:11
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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Is your lawyer located in Switzerland?

Tom
Yes, he is, but he is useless. He is telling me not to file any complaints. I think that he sided with my brothers in law, as thay are very rich, while I am just a poor foreigner.
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  #22  
Old 22.08.2012, 14:12
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

Branka,

there may be two different separate issues here:

1) case of fraud. (not forgery). Fraud is if they have given you paper to sign, by pretending it has a different purpose. In other words, if they have misled you to sign a paper saying "it is necessary to sign, this is just bureaucracy, etc". You surely can argue that you have been misled.

2) case of forgery - if they show different document with your (forged) signature, which you didn't sign. This is what they claim they have (and you are sure they can't possibly have).

Good luck!
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  #23  
Old 22.08.2012, 14:13
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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Yes, this is forgery. This is something you should file a criminal complaint about.

Tom
Perhaps you can simply fill in a new form saying where you want your pension money directed to? Ask for a copy of the old one first though!

So far we have no proof that the family are trying to take the money for themselves.

How old are the kids? It is a good idea not to start WW3 with the family, simply because the kids are going to want to see their Swiss Uncles and Aunts in the future, preferably without going to visit them in prison!
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  #24  
Old 22.08.2012, 14:18
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

If you haven't done it already, you should revoke the POA.

As far as the pension fund goes, can you not write them and tell them to pay the money into your own account? It seems they only need your "signature" to send it to your former husband's.

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Yes, he is, but he is useless. He is telling me not to file any complaints. I think that he sided with my brothers in law, as thay are very rich, while I am just a poor foreigner.
I you cannot trust your lawyer to represent your best interests, then you must get a new one.
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  #25  
Old 22.08.2012, 14:27
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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Perhaps you can simply fill in a new form saying where you want your pension money directed to? Ask for a copy of the old one first though!

So far we have no proof that the family are trying to take the money for themselves.

How old are the kids? It is a good idea not to start WW3 with the family, simply because the kids are going to want to see their Swiss Uncles and Aunts in the future, preferably without going to visit them in prison!
That was never my intention to send them to prison. Anyways, my children do not even know their uncles. We have never lived in Switzerland and met with them only couple of times. I am not a mean person, I just want to provide living for my kids who are minor. Thank you. I have no strenght for any WW. I just want not to go around begging for money while my money is blocked due to "care and concern"
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  #26  
Old 22.08.2012, 15:21
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

There is something to this story, I do'nt understand.

Your husband was Swiss, so your children are also Swiss?

When your husband died, the death certificate was opened here in Switzerland at the "Amtshaus" from the town where he last lived.
If he did not leave his "birth papers" in that town, then the death certificate will be passed on to the "Amtshaus" of his family birth birthplace (Family birth place and birthplace are often not the same).

It is the "Amtshaus" which recieves the death certificate, that are responsible for the opening and controlling of the last will and testement here in Switzerland.
This is very strongly upheld because the Swiss law says the childrens part of the inheritance must be controled through the "Amtshaus" office.

If I was you I would first search for the "Amtshaus" which made the Swiss death certificate.
Take contact there, with the person who is responsible for controlling your husbands will.
Here you should get all the help you need and they can explain to you what you should do for your children.
Its a little complicated.

If you let me know where the Swiss death certificate was made, I could tell you which "Amtshaus" you must contact?
I hope this helps.

Salut Zämma

Last edited by Big Mara; 22.08.2012 at 15:32.
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  #27  
Old 22.08.2012, 15:33
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

I have a feeling someone has created themselves a new alias here
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  #28  
Old 22.08.2012, 15:35
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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I have a feeling someone has created themselves a new alias here
Not the case I assure you. Back to topic please.
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  #29  
Old 22.08.2012, 15:56
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

Why don't you have a word with your husband's relatives along with your lawyer and address your findings with them face to face.
You have no reason to be scared of them just cross check once before taking further legal steps.It will indeed be easier for you to sort things out with them rather than go through legal channels which may take ages.
Now that mistake is done, you want to put all your energy in sorting it straight in a country you do not know , in a language that you don't understand/speak. Do express your concerns for your children's education to your relatives and work out a way that you can get a payout from your husbands pension that will take care of your kids education. Along side explain to them that you would also want to be close and part of the children's life and it makes sense that your husbands pension should also enable you to do that.

Give a try ...talking straight can be easier and realistic than fighting in court.

Good luck.
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  #30  
Old 22.08.2012, 18:15
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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If you haven't done it already, you should revoke the POA.
First my condolances.

This would appear to be the best option and perhaps you could then appoint your own attorney with the POA. It appears that according to this http://www.bridgewest.eu/article/pow...ey-switzerland it is possible to revoke at anytime and you can assign the new power of attorney from overseas. All the best

Red
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  #31  
Old 22.08.2012, 18:31
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

Yes, a POA can be revoked at any time.

Best is to register the revocation with the cantonal or communal authority.

What cannot be revoked (easily) is if you have put yourself under guardianship (hopefully not, but who knows what you signed) or if you signed a document giving uso-frutto.

Tom
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  #32  
Old 22.08.2012, 19:39
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

I think this thread is talking from the US point of view.

In Switzerland the inheritance laws are different.
With 2 under age children it is not possible for her to sign a POA in the name of all 3.
The Social Office from the "Amtshaus" is responsable for the rights of the 2 children until the will procedure is finished.
They must organise the orphens pension and the splitting of the inheritance.
That the mother signed some form of POA, will change very little in this case
The mother must sign in the name of herself and as guardian of her children, the acceptance of the "Will and Testement" at the end of the procedure.
She can refuse to sign, if it is not how she wishes.

Take a good look at the Swiss law before bringing out the big guns.
The Swiss way is different and I think better.

Salut Zämma
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  #33  
Old 22.08.2012, 19:54
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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I think this thread is talking from the US point of view.
No, all of my experiences regarding this (being widowed, dealing with POAs done under not-so-correct conditions by thieving relatives, uso-frutto problems, etc.) occurred here (and, to a lesser extent, in Italy).

I know the inheritance laws here perfectly well.

Tom
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  #34  
Old 22.08.2012, 20:27
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

Sorry Tom
The post was not aimed at you.
Take a look at some of the other post's.

Just for the info, I go to bed every night with someone who has worked more than 20 years in this field. She sometimes brings the problems home.

Salut Zämma
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  #35  
Old 22.08.2012, 20:38
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

You've brought up some good points, in particular that she can't sign away the kids' rights, BUT she can sign away hers, or even their guardianship, which is why she needs to find out what exactly she signed.

Like with doctors, nothing prevents you from getting a second opinion, so if you aren't happy with your lawyer, try another!

But, this has to be done via lawyers, DIY doesn't work unless there is no money involved.

Tom
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  #36  
Old 22.08.2012, 21:22
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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She sometimes brings the problems home.

Salut Zämma
What ever happened to client confidentiality?
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  #37  
Old 22.08.2012, 21:26
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

Rescind the POA immediately. Inform all concerned via registered mail. Your lawyer is a shark and smells blood...inform your banks and all other parties that may honour the POA that it has been rescinded.
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  #38  
Old 22.08.2012, 21:44
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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I have a feeling someone has created themselves a new alias here

"The return of Ella". Part III.
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Old 22.08.2012, 21:52
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"The return of Ella". Part III.
Hopefully we will be able to share the inheritance! Looking forward to the EF party.
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Old 22.08.2012, 22:12
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Re: Inheritance - ( alleged ) forgery ( Fraud / Deception )

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Yes, a POA can be revoked at any time.

Best is to register the revocation with the cantonal or communal authority.

What cannot be revoked (easily) is if you have put yourself under guardianship (hopefully not, but who knows what you signed) or if you signed a document giving uso-frutto.

Tom
What do you mean. That is exactly what they claim, that I have put myself under their guardianship. What do you mean that it can not be revoked
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