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1. Intestacy: Probated Estate/Inheritance

 

To begin with, let’s consider two different scenarios. First, a foreign resident who lives abroad and 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]. Second, that person dies in another country other than where they legally reside but -fortunately- there is a valid will or a testament. Next, 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. Mainly because it exhausts the heir’s funds and precious time. Even though attorneys collect high fees to litigate, our firm always recommends this stage to be an absolute last recourse. In fact, mediation and “out of court settlements as well as negotiation” are always our firm’s usual course of action.

4. Estate Taxes

As a matter of fact, Foreign Inheritances will always have tax implications. For instance, they may include local or domestic consequences. In addition, given their foreign or international nature, there may be more than one tax authority. For example, from Latam, the proper tax authorities are AFIP, DGI, or Hacienda. Then, the Internal Revenue Service operates in the United States of America (IRS-USA). Last, the HMRC-UK (Honorable Majesty) is the tax authority in the United Kingdom.





 

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InheritEstate, Worldwide Inheritance-Lawyer Network

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