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  1. #1
    Join Date
    Jul 2020
    Posts
    6

    Question Legacy Legal

    Hi guys,

    I have some questions regarding some legal legacy issues for a friend. His citizenship is Chinese, gained his permanent residency through same-sex marriage with an American citizen and has been living in the US for years and still married. His parents passed away a few days ago and he flew back to take care of everything. A Chinese lawyer showed him his parents' will which clearly and expressively states that as follows.

    No matter whether he is married or not, how many children he has/adopted and/or in any other circumstances, they only agreed to pass all their legacies (house, stocks, car, etc.) to him instead of any other people, such as his partner or his children is applicable. If he becomes divorced in the future, his partner or children can not take any percentage of their properties value in any way.

    Their will has been translated into English as well. Both Chinese and English wills have been notarized in China. He completely did not know this until he flew back to China and the lawyer reached out to him about his parents' will. He shared this information with this his partner. His partner believed that their will could not be honored/applied by the US law. If they got divorced one day, he should have half of his partner's assets no matter what simply because his partner got this legacy during the time they're still married, any assets should be divided equally by the time when they're divorced.

    1. is his partner correct?
    2. China does not allow same-sex marriage. So how does this work/not work?
    3. at this moment, all his parentsí legacies are not in the form of cash/check. If he sells everything, can he transfer all the money to the US? Will he be taxed on all amount as a permanent resident instead of an American citizen?
    4. he would not share any of his parents' legacy with his partner. Does their will suffice? What legal actions should he take to protect it?
    5. if he ends up with divorce because of this legacy division issue, will it make him lose his permanent residency?

    Please help and out and thank you guys!

  2. #2
    Join Date
    Oct 2014
    Posts
    8,204

    Default Re: Legacy Legal

    You posted this same questions in 3 forums. You only needed to post it once. In order to keep all the replies to this question on the same thread, I suggest all replies go to the post you made on the divorce forum, as that strikes me as the best one for your question. I'll post my reply to your issues there. That post is here: https://www.expertlaw.com/forums/sho...d.php?t=246471

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