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1. Intestacy: Probated Estate/Inheritance


When a foreign residente who lives abroad passes away in a country in The Americas or overseas, and leaves no will, trust or a testament with instructions on how to pass-on property or assets [intestate inheritance]; or when that deceased person dies in another country other than where they legally reside but they leave a will or a testament, it becomes necessary to file an international intestate or a testamentary succession in order to probate that deceased person’s estate.

2. Testamentary Inheritance


When a decedent dies leaving a will, a trust or a formal testament the rules to follow their inheritance will be different from a non testamentary estate as long as the deceased person has not contradicted any general rules of the country’s Inheritance laws. Basically this estate will require that a federal judge confirms whether this testamentary document is valid and enforceable in the country where an heir/s is trying to inherit.

3. Succession Litigation


Estate Litigation worldwide can be an unpleasant experience for someone not used to litigation as it consumes the heir’s funds and precious time. This said and even though attorneys collect high fees if litigation where to take place, our firm always recommends this stage to be an absolute last recourse. Mediation and “out of court settlements as well as negotiation” are always our firm’s usual course of action.

4. Estate Taxes


Foreign Inheritances will always have tax implications which may include local or domestic consequences or even be of foreign or international nature with more than one tax authority such as one from Latam such as AFIP, DGI or Hacienda and the Internal Revenue Service in the United States of America (IRS-USA) or the HMRC-UK (Honorable Majesty,.

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