Legal Question in Wills and Trusts in China

administering estate involving oversea property

my mom, an us citizen, has a house in Shanghai China. She is the only holder of the house title.

As her appointed general administrator, do i have the power to sell that house to pay off her estate debt and expense in US?

Would this legal power be binding in China?


Asked on 1/05/08, 11:22 pm

3 Answers from Attorneys

Jeff Xin Zhe Jiang J & H Law Firm

Re: administering estate involving oversea property

I'm a Chinese lawyer. Because the house is in China, you must comply with the laws of China. After Checking the documents you held, we could provide you the detailed sugguestion of selling the house in China.

Please feel free to contact me for more information.

e-mail: [email protected]

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Answered on 1/17/08, 9:46 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: administering estate involving oversea property

You will have to check with legal counsel in China. Real estate is governed by local law. There may be treaties involved.

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Answered on 1/06/08, 12:48 pm
George Shers Law Offices of Georges H. Shers

Re: administering estate involving oversea property

I assume you were appointed by the Court, as if you were not you have almost no powers. I would think you have the power to sell the property from the standpoint of American law, but the house is in China so is governed by Chinese law. If a piece of property in California was owned by a foreign national headhunter [not the employment type], he could not eat the flesh of a passing surfer merely because it might not be illegal back in his home.

So you need to find out the answer from some one familiar with Chinese law.

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Answered on 1/06/08, 12:57 am


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