NEW BEDFORD – Ana Cerveira is not your typical lawyer.
A licensed attorney in Portugal, she recently became a licensed foreign legal consultant in the Commonwealth of Massachusetts and can now provide legal advice regarding Portuguese laws in this state.
“That I know of, I am the only one in this area. There’s really nobody around who is qualified to give any type of advice in Portuguese law,” said Cerveira, while talking about the unique services she provides in her office at 227 Union St., Suite 501, New Bedford.
“I am registered with the Massachusetts Bar Association, and basically I can practice and give consultation about anything that has do with Portuguese law,” she added.
According to a Massachusetts Supreme Judicial Court Rule adopted in 1999, foreign legal consultants are attorneys who are licensed in a country outside the United States, and they can provide legal advice about the laws of the country where they are licensed.
To become licensed to practice in the Commonwealth as a foreign legal consultant, Cerveira had to file an application with the Clerk of the Supreme Judicial Court for the County of Suffolk and prove she was a member of the Ordem dos Advogados (Portuguese Bar Association) in good standing for at least five years and possessed good moral character and general fitness, among other things. Upon the recommendation of the Board of Bar Examiners, the Supreme Judicial Court granted her the license.
“I’ve been wanting to do this for a very long time, and a lot of people in the community have been pushing me and supporting me to make this happen,” said Cerveira, who moved here from Portugal in 2007 and began to make a living as a court interpreter.
Being in a region which is home to the largest concentration of Portuguese-Americans in the United States, combined with the fact that a growing number of Americans are interested in moving to Portugal and more U.S. companies are doing business with Portugal, Cerveira said her legal advice is increasingly in demand.
“There was this void for an attorney that’s actually an attorney in Portugal and not just a Portuguese-speaking attorney,” she said. “That’s where the community really needs me. There are a lot of excellent attorneys that practice Law in Massachusetts, but there’s none that I know, at least here, who is an attorney in Portugal.”
In fact, Cerveira belongs to a small exclusive clan, even when compared to other jurisdictions.
According to the Bar Examiner, which is published quarterly by the National Conference of Bar Examiners, 12 jurisdictions in the United States registered a total of 146 foreign legal consultants in 2023.
Cerveira’s expertise spans across several legal areas, bridging the gap between the two systems
Cerveira stressed the fact that Portugal’s legal system is very different from the United States’ legal system, not only in terms of laws but also the structure of the court system.
“This can make it difficult for people to understand it. They don’t even know where to start and what are they going to do,” she said.
She said her expertise spans across a wide spectrum of legal areas, including:
- Portuguese Citizenship Law
Cerveira can advise individuals interested in obtaining Portuguese nationality or are looking to move to Portugal with residency visas.
“If they are seeking citizenship for children, grandchildren, a spouse or are simply wondering if they are eligible, I can answer their questions,” she said. “If you are a child of a Portuguese citizen or grandchild, you are most likely eligible to apply for citizenship. Spouses and companions of Portuguese citizens in most cases are eligible for Portuguese citizenship. The same goes for Sephardic Jews, Goans, or individuals born in the former Portuguese colonies.”
Cerveira said one of the advantages of applying for Portuguese citizenship through a lawyer is that everything can be filed online.
“There’s a website that is only for attorneys or solicitors,” she said. “So, it’s worth having an attorney for that because I can help everybody navigate through everything quicker.”
- Portuguese Inheritance Law and Estate Planning
Cerveira can provide legal representation and advice in inheritance law and estate planning for Portuguese citizens, foreign-nationals, residents, non-residents and expats.
She said it is common for people to seek her services when they inherit family-owned property or assets in Portugal or if they are looking to sell property they own there. They also seek advice on whether they have to pay inheritance taxes.
“The complexities of Portuguese inheritance law can be daunting to anyone, but perhaps even more so to a non-resident,” she said. “Dealing with inheritance matters in Portugal is challenging and can be frustrating.”
She said she can help ensure the legal process is as smooth as possible by assisting in the administration and division of estate, inheritance dispute resolution among heirs, preparation and submission of legal documentation and court representation if needed.
- Portuguese Probate Law and Estate Planning
If someone would like to divide property in Portugal amongst their children and save them from dealing with that hassle in the future, Cerveira can guide and advise them to protect their estate and ensure beneficiaries or heirs will inherit as intended with no issues.
“The laws in Portugal pertaining to wills and probate are very different than other countries,” she said. “I can help them understand all options available to them and the consequences of their decisions, always trying to minimize potential future legal disputes.”
Whether someone is looking to get married in Portugal or were married there and then got divorced in the United States, Cerveira said that when it comes to Portuguese family law there are many situations that can require legal support.
“In Portugal not having a foreign divorce recognized and recorded can have a significant impact and lead to unexpected results on property and financial matters,” she said. “All these issues are sensitive ones that should be handled with the adequate legal support and advice.”
- Portuguese Real Estate Law
Buying, selling or renting a house in Portugal is not always as easy as it seems and it’s important that people understand the adequate due diligence as well as the tax implications, Cerveira said.
“Portuguese law is based on non-discrimination principles,” she said. “There is no legal distinction based on nationality and there are no restrictions on foreign property ownership. Buying a new property in Portugal can be exciting; however, the property acquisition process in Portugal can be complex and confusing. There are so many issues to consider and overcome.”
In addition to legal support, Cerveira provides other types of services, such as power of attorney, translation and certification of documents from English to Portuguese and vice versa, Apostille documents, notarization of contracts and agreements, obtainment of all types of certificates (birth, marriage, death certificates, etc.) and documents, and more.
Cerveira’s bilingual skills and intercultural competence facilitates communication with clients
Cerveira said her ability to speak English and Portuguese fluently allows her to provide any legal advice in the language the client feels most comfortable with, which can help them understand better the issue at hand and also give them peace of mind.
“I am a dual citizen who has lived about an equal amount of time in Portugal and in the United States,” she said. “I know firsthand the difficulties of not understanding the system or not knowing how to navigate it.”
Born in the Viseu region of mainland Portugal, Cerveira moved to the United States with her family when she was only six months old, settling in Danbury, Conn.
In her teenage years, she moved back because her family decided to return to Portugal.
She went on to earn a Law degree from Universidade Lusíada in Lisbon and soon after enrolled in the Ordem dos Advogados.
She practiced in Lisbon for about 10 years before relocating to Massachusetts.
“When I came back, my plan was to become an attorney here, to transition and practice law as an American attorney,” she said. “But I ended up also loving being a court interpreter, and time just kept passing by. And I also realized there was more of a need for this type of a lawyer.”
Cerveira said she still has many professional contacts in Portugal and stays connected to other attorneys there who can help deal with any legal issue. In fact, she still has an office in Portugal, just outside of Porto.
For more information about Cerveira and the services she provides, contact [email protected] or call 774-305-4149 (cell phone) or 508-985-8752 (office).
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