Celebrating 10 years! 2007-2017

PLEASE HELP , my father abandoned me

my father NEVER supported me financially since I was born , ihmjack02/08/18
Where is your father domiciled? In the US or Taiwan? Which s alphadog1502/08/18
You're out of luck in the U.S. You need a lawyer in Taiw isthisit02/08/18
You should get Legal Zoom. tcpaul02/08/18
Not legal, but moral, advice: You'are an adult entering your superttthero02/08/18
I mean if its necessary for me to do something about this is ihmjack02/08/18
No one here can tell you if you have a valid cause of action pauperesq02/08/18
My dad isn't leaving me anything either After four or five trijocker02/08/18
I doubt that any U.S. Lawyer can help you with Taiwan law. cheapbrass02/08/18
"Sadly when he passes away he can NOT bring his money to hea nighthawk02/08/18
thank you to everyone that replied!!!! most of you guys p ihmjack02/09/18
Based on US law, if there’s a will and you’re not in it, qdllc02/09/18
First, this is not legal advice. Second, forget US law in wolfman02/09/18
If the money is already given away, there is no estate. He'd fettywap02/09/18
Just let it go and move on with your life. blawprof02/09/18
Consult with an attorney in Taiwan. I don't think you'd be e cranky02/09/18
thanks to everyone for replying! If my dad already GIFTED ihmjack02/10/18
depends on the jurisdiction dingbat02/10/18
ihmjack (Feb 8, 2018 - 6:46 am)

my father NEVER supported me financially since I was born , I moved from Taiwan to USA when I was 8 age with my mom ,
and I mom raised me but my father NEVER sent any money to help for our living expenses. Im 37 age now , during my time in USA , my father had another girlfriend in Taiwan and they have 2 kids WITHOUT
never filing a divorce with my mom even till today . my dad is now 76 age with many serious health problem including cancer and the average life span for men in Taiwan is 77
, Based what he is telling me about his health situation , Im worried that he may not even have 1 or 2 years left to stay alive .

Ok well here is the BIG PROBLEM , my mom told me that my dad probably sold ALL his assets ( cash , bank balance , stocks funds , real estate , etc. , etc. ) and maybe GIFT it all to not sure who
, maybe spread across ( his girlfriend , and their children on their end ) I assuming my dad did this because he knows he will pass away very soon and he want to give 100 percent of his wealth to
his girlfriend and their children INSTEAD of my side of the family , Im extremely worried because its a HUGE estimated amount, I say estimated over 1 million dollars in total asset value the past 30 years
plus after he passes away , and very sadly he is leaving me and my side of the family (me , my mom , my brothers ) ZERO DOLLARS , all 100 percent is going to them, and we all have tried to ask our dad to
pay us some financial responsibility , HE REFUSED. my dad is an very non responsible person Sadly when he passes away he can NOT bring his money to heaven
, and 100 percent of estimated over 1 million dollars in assets is ALL going to their end , and ZERO for us.

There are also many stories in the past , that my dad also sold my moms real estates and NEVER gived my mom a single penny for it ,

thats why Im extremely upset right now and would like to ask , If there is ANY LEGAL ACTION ANYONE ME AND MY FAMILY CAN TAKE about this issue to recover any amount of money and asset possible?
divorce? child support? alienation? child abandoned? ANYTHING WE CAN SUE FOR? we do not understand the law and what we CAN sue about this issue , will it be too late after my dad passes away?? Is it possible for me to sue under my moms name and on her behalf?


Advices and help would be very thankful!

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alphadog15 (Feb 8, 2018 - 7:16 am)

Where is your father domiciled? In the US or Taiwan? Which state?This will be material in determining any inheritance Claim.

Generally speaking under most state’s laws as a child you’re SOL in terms of qualifying for any inheritance. Your mother however may qualify under spousal elective share rules. Most states have clawback rules regarding gifts made before death in calculating the spousal elective share.

If he is domiciled in Taiwan then Taiwan inheritance law will apply to inheritance of any personal
Property.

I can’t speak to any claim as to spousal maintenance or child support- are there any outstanding unfulfilled judgements against him? If not, it might be too late to assert any such claims.

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isthisit (Feb 8, 2018 - 7:58 am)

You're out of luck in the U.S.

You need a lawyer in Taiwan who understands laws that apply to inheritance and spousal property/wealth distribution.

Your dad can't be sued here if he's lived his entire life in Taiwan and has no connection to the U.S. other than a family he's abandoned decades ago.

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tcpaul (Feb 8, 2018 - 8:18 am)

You should get Legal Zoom.

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superttthero (Feb 8, 2018 - 9:48 am)

Not legal, but moral, advice: You'are an adult entering your midlife now and your dad is an adult about to check out. Why not let him do what he wants with his money and worry about your own life?

He seems to care more for that side of the family than yours. Truth hurts, but its there.

Good luck.

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ihmjack (Feb 8, 2018 - 10:24 am)

I mean if its necessary for me to do something about this issue , I would go to Taiwan , but do I have any chance to win any lawsuits over this issue??

My dad lived in Taiwan most of his life , what does it mean by SOL does it mean its too late for me? What about CLAW-BACK rules , is there anyway to repossess all the assets my dad give to his girlfriend , few years ago??

here is no outstanding claims as of today , so that mean its too late for me to file lawsuit , im 37 age.

thanks to everyone for your reply!!!

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pauperesq (Feb 8, 2018 - 11:09 am)

No one here can tell you if you have a valid cause of action against your dad because, as others have pointed out, you don't have a basis to sue him in the United States. You're going to have to go after him in Taiwan. You really need to start looking for an attorney in Taiwan, posting here isn't going to get you anywhere.

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trijocker (Feb 8, 2018 - 11:05 am)

My dad isn't leaving me anything either
After four or five wives, he likes the last one apparently
That doesn't mean I have a legal claim, unless he forgets to disclaim me in his will, or his latest younger wife forged his signature on the will. I don't know the laws in Taiwan, there is a JDU poster White Guy in China, he may know if there is any legal redress in your situation under the laws of Taiwan. Otherwise, get over it and make your own money.

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cheapbrass (Feb 8, 2018 - 11:08 am)

I doubt that any U.S. Lawyer can help you with Taiwan law. Your best bet is to find a local lawyer in Taiwan. With that said, if Taiwan laws are anything like U.S. law, then perhaps your mom might be able to claim some of the remaining assets that he doesn't give away prior to death (as she may still be considered his legal wife since they never divorced) upon your father's death if he doesn't have a will.

As for your own standing to file a lawsuit, I doubt you have any standing.

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nighthawk (Feb 8, 2018 - 11:14 am)

"Sadly when he passes away he can NOT bring his money to heaven"

Based on your facts, this is not entirely correct. When a swinger departs from this world, especially one that abandoned his family, heaven is not the place that he will be going to.

The law in Taiwan would be the controlling law in this case, reach out to someone over there.

As for posters telling OP to make his own money, true, he should be an adult and get out there and do what he needs to do. Still, if he is entitled to some money overseas then he should pursue that as well.

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ihmjack (Feb 9, 2018 - 2:10 pm)

thank you to everyone that replied!!!!

most of you guys probably do not understand Taiwanese law , but lets based it on USA law , to simplify our talk , thank you.

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qdllc (Feb 9, 2018 - 3:06 pm)

Based on US law, if there’s a will and you’re not in it, you get nothing. You could contest it but that’s time and money you invest with a slim chance of winning. If you weren’t estranged, you could try to claim is wasn’t his intent to leave you out of the will, but again, slim chance.

Really, your best hope is that there is some kind of “dead beat dad” law in Taiwan that entitles you to a portion of the estate.

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wolfman (Feb 9, 2018 - 3:42 pm)

First, this is not legal advice.

Second, forget US law in regards to wills. Under US law, which differs state by state by has the same Anglo-Saxon principles, if you are not in the will, you get nothing. It does not matter that you are his son. Furthermore, even if he dies without a will, US law has no bearing if he dies in Taiwan.

I believe Taiwanese law is different; I think most people there die without a will and wills are often declared invalid, so intestate succession rules and Taiwanese law is based on the civil system, not on Anglo-Saxon law. Thus, under Taiwanese law both you and your mother could be entitled to some of his estate. You need to talk to a Taiwanese lawyer in Taiwan or do some more actual legal research on Taiwanese law. This will get you started: https://www.ibanet.org/Document/Default.aspx?DocumentUid=B5F7F543-8409-47A3-9F1E-D3D786366D7F

On a practical level though, it sounds like your Dad is spending/giving away all his money, and thus will likely die with nothing, so even if you become entitled to some portion of his estate after he dies, you may not get anything... and I'm not sure what you can do to stop him from spending his money as he sees fit (most likely nothing).

I suppose your mother could try to divorce him while he is alive and try to get some of the money that way... but even if she got some sort of a property distribution ruling in America, how would that be enforced in Taiwan? You really need to talk to a lawyer, and perhaps two lawyers (an American divorce lawyer and a Taiwanese estate lawyer)... this is the definition of a very complicated situation.

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fettywap (Feb 9, 2018 - 3:43 pm)

If the money is already given away, there is no estate. He'd have to try and allege fraud or something by the new women, and try to collect from her. Probably not going to happen.

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blawprof (Feb 9, 2018 - 5:04 pm)

Just let it go and move on with your life.

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cranky (Feb 9, 2018 - 10:45 pm)

Consult with an attorney in Taiwan. I don't think you'd be entitled to anything but what do I know. Don't be cheap and expect free legal advice here on a US-based anonymous message board.

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ihmjack (Feb 10, 2018 - 6:10 am)

thanks to everyone for replying!

If my dad already GIFTED away all his wealth and assets to his girlfriend , even if my mom try to divorce or sue or whatever legal action , will she be able to get any money back at all, considering dad already GIFTED away everything?

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dingbat (Feb 10, 2018 - 4:42 pm)

depends on the jurisdiction

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