I need help with renunciation of succession in Canada

[Mephys 2]

I'm a Canadian citizen and moved to Illinois in 2007 on my K-1 visa, been married for almost 6 years now and everything is great. I'm a permanent resident still, planning on doing the citizenship whenever I will have money for it.

Long story short, my father in Canada (whom I haven't spoke to in 15 years) passed away a few months ago. Basically, his wife, my and my brother are inheriting the nice amount of $30 000 in debts... Basically, we all have to sign renunciation papers to get out of that. I'm being told by the notary in Montreal that she doesn't think the Quebec's government would come after me for this, but I certainly do not want to be responsible and want my name on those papers.

No can do, I have to be there in person (has to be done by February 28th,not possible for me on such short notice). So she told me I have to have an attorney sign a procuration so my brother or any designated person could sign the papers for me. I'm still waiting to hear back from the notary, but in the meantime I'm just a little confused. Do I contact an attorney here and have them send the signed papers there? Do I contact someone there? The whole "in person" thing is really pissing me off as I was hoping to be able to do it here with a notary as a witness and them forward the papers and be done with it.

Please anyone with any idea, advice. I'm at lost here as I don't know the language when it comes to legal matters...

Thank you

[Ontarkie 14,221]

I'm sorry for your loss.

My Ex had to sign papers I want to say it was the same thing, but I'm not sure. He inherited a lot of debt also (a house that was morgaged through the roof and behind in payments). He was told it basicaly clears him of any responsability. I was once contated by a collector who did not know of my FIL's death (Ex and his dad had the same name) once I gave them the date he passed i was told they would removed the debt and would not be contacted again.

Hopefully that is what you will be doing also.

[Villanelle 4,122]

Ok basically you inherited the debt. The only way out of it is to sign the renunciation papers. Renunciation means a formal rejection of a claim. Since you cant do it in person, youre going to have to authorize someone to do it on your behalf.

Youre saying "She" (the notary in Canada) told you to have an attorney draft up a procuration so your brother or any designated person could sign the papers for you. The procuration is basically a fancy legal term similar to whats more commonly known as 'power of attorney'.

Your question is does the attorney have to be a US attorney or a Canadian attorney. I honestly dont know. Im inclined to think perhaps it has to be a Canadian attorney as this is a Canadian legal matter, but I really dont know. Youre going to have to wait for her to contact you back and let you know.

If its a Canadian attorney, theyll draft the 'power of attorney' designating whomever you want to give the power to sign on your behalf to, theyll send it to you, youll sign it here in the US and get it signed and notarized in the US in front of a US notary and return it to Canada. If they let you use a US attorney, you contact a local attorney and basically do the same, have them draft it, sign it, stamp it, and send it to Canada.

[GitmeOuttaHere 0]

I wouldn't worry about it. The credit agencies here in the US do not take any Canadian credit history into account when applying for credit in the US. Basically, who cares what happens to your credit in Canada...

We got here late last summer, no jobs, had sold our home in Canada so we had cash in hand. Got jobs right away...(way better than struggling like we were in Canada). We rent right now, and both have a secured line of credit so that we can build our US credit score. They have no idea what our credit was like in Canada (it was very good) and don't take it into account at all here for anything.

We left Canada but keep a bank account open there to keep paying our CC bills...We realize the moral obligation to pay our bills in Canada, but it almost seems foolish since it does not affect us here, and we have no plans on going back to Canada for anything but a visit every 2 or 3 years. I hardly think the credit card police are going to not allow us to reenter Canada at some time in the future over not paying off our Credit cards.

I would not worry about it myself if I where you.

[Mephys 2]

It's not a matter about being worried about my credit. I have been here 6 years now an it's well established already. It's more about not having that debt on my shoulders so I can visit Canada with no issues and if I ever would need to move back up there for some reason.

Capri is dead on about my questions. Thank you.

[katchoo12 8]

The power of attorney must be notarized by a Canadian notary who have his license in Canada otherwise it has no power

[Krikit 1,164]

It's nice to see you again Mephys. I am sorry for your troubles.

I wouldn't worry about it. The credit agencies here in the US do not take any Canadian credit history into account when applying for credit in the US. Basically, who cares what happens to your credit in Canada...

We got here late last summer, no jobs, had sold our home in Canada so we had cash in hand. Got jobs right away...(way better than struggling like we were in Canada). We rent right now, and both have a secured line of credit so that we can build our US credit score. They have no idea what our credit was like in Canada (it was very good) and don't take it into account at all here for anything.

We left Canada but keep a bank account open there to keep paying our CC bills...We realize the moral obligation to pay our bills in Canada, but it almost seems foolish since it does not affect us here, and we have no plans on going back to Canada for anything but a visit every 2 or 3 years. I hardly think the credit card police are going to not allow us to reenter Canada at some time in the future over not paying off our Credit cards.

I would not worry about it myself if I where you.

That is, quite possibly, some of the worst advice ever. And you are quite wrong that the US doesn't take Canadian credit history into account. They have done it in a number of cases for members here.