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Old 12-05-2023, 01:37 PM   #2
DoubleF
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There's not enough information to know for sure.

You may need to talk to and engage a lawyer where your family member(s) live and potentially get them to liaison with the lawyer over there for the sale. This is a complex situation with multiple legal and tax jurisdictions. Don't take the scenario lightly.

Basically what you're probably going to need to do is that you need a lawyer to legally sort things out on this side and a Portugal lawyer to sort things out on the other side. Your family member might be able to do a limited and temporary POA to the lawyer solely for the purposes of consummating and wrapping up the deal, but contact lawyers and see if someone can help you or point you in the right direction. Definitely get quotes prior to choosing a lawyer. Maybe Troutman can help point you in the right direction or give you an idea how much to expect on quotes?

Depending on what the lawyer tells you, even if it's disruptive, it may be less disruptive than the alternatives available. This including the risks involved with those alternatives you might try (don't try them). Don't skimp out on something like this. Trying to save $1-2 thousand dollars could bite you in the ass to the tune of 10-100X that if something gets really messed up. Think of the lawyer fees in this case also as insurance to make sure the deal is done properly and that other legal risks are minimized. Besides, the lawyer fees are deductible as an outlay on the sale of the property when your family member files taxes.

Adobe sign and Docusign are digital signature options that are recognized by many places, but the reality of the situation is that your family's member's issue is not digital signature related. It's a legal issue and risk that you want an expert dealing with.
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