Chula Vista, CA asked in International Law for California

Q: I need help creating a temporary power of attorney in Russia in order to collect my mothers death certificate

My mother passed away in 2016. She had an IRA with Ameritas Financial group and listed my sister and I as the beneficiary. In order for us to get the IRA we have to provide Ameritas with a death certificate. The problem is she passed away in St. Petersburg, Russia

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2 Lawyer Answers
James L. Arrasmith
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A: I understand this is a difficult and complex situation, given the international aspects involved. Here are some steps you can take to obtain a temporary power of attorney in Russia and secure your mother's death certificate:

1. Contact the U.S. Embassy or Consulate in Russia: They can provide guidance on the process and any legal requirements for obtaining a power of attorney in Russia as a U.S. citizen. They may also offer notary services.

2. Hire a Russian lawyer: Consider engaging a Russian attorney who specializes in international probate and estate matters. They can help you navigate the Russian legal system and prepare the necessary documents for the power of attorney.

3. Prepare the power of attorney document: Work with your lawyer to draft a power of attorney that complies with Russian law. The document should clearly state the specific purpose of obtaining your mother's death certificate.

4. Translate and notarize the document: Ensure the power of attorney is translated into Russian and notarized. The U.S. Embassy or Consulate may provide these services, or your Russian lawyer can assist with this process.

5. Register the power of attorney: Your lawyer can help you register the power of attorney with the appropriate Russian authorities.

6. Obtain the death certificate: Once you have the valid power of attorney, you or your designated representative can request your mother's death certificate from the relevant Russian authorities, such as the Civil Registry Office (ZAGS) in St. Petersburg.

7. Translate and apostille the death certificate: After obtaining the death certificate, have it translated into English and apostilled for international use. The U.S. Embassy or Consulate can guide you on this process.

Remember that the process may take some time and require patience. It's essential to work with professionals familiar with both U.S. and Russian law to ensure a smooth and legally correct process. The U.S. Embassy and a Russian lawyer can provide more specific guidance based on your particular situation.

A: There are two main options for obtaining a power of attorney valid in Russia:

1. In Russia, a power of attorney can be drawn up and certified at the notary's office.

2. While in the USA or other countries, the power of attorney can be certified at the Consular offices of the Russian Federation

(see: https://washington.mid.ru/ru/consular-services/citizens-russia/notary-office/oformlenie-doverennostey/).

Based on this power of attorney, we will be able to request the documents you need, and then we will send them to you.

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