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53 votes
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How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also

Wills typically handle this by specifying a survivorship period. Such a clause may say, in effect, "I leave all my assets to my spouse, provided they survive me by at least 30 days, and otherwise to ...
Nate Eldredge's user avatar
35 votes

What happens when a will conflicts with a new law (a law made after the testator has died)?

The will is overridden by the new law. Suppose the owner had not died: then he would have to comply with the change in the law. When a person inherits property, they gain the right to that property ...
user6726's user avatar
  • 215k
25 votes

Which countries' inheritance laws apply?

German law applies As your mother was a German national, German law applies to all her property worldwide. US state law applies As your mother was a permanent resident of a US state, its law applies. ...
Dale M's user avatar
  • 211k
25 votes

What happens when a will conflicts with a new law (a law made after the testator has died)?

When there is "dead hand" control of something, the people living in the present have to comply with the law (although some land use regulations and some tax treatments are indeed ...
ohwilleke's user avatar
  • 218k
24 votes
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Is there a restriction on who can inherit your wealth?

Generally a person can leave money to any person or organization that the testator pleases. In some US states, a minimum portion must be left to family (spouse and/or children). Aside from that, there ...
David Siegel's user avatar
22 votes
Accepted

Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones?

As you have stated, Alice was born two hours prior to Bob. In a will, "eldest" or "oldest" typically is equated with "first-born" (see Daniel N. Mattarlin, "A Simple ...
Jen's user avatar
  • 57.3k
20 votes

Is there a restriction on who can inherit your wealth?

TL; DNR: Americans can bequeath money to the Afghan Taliban. Yes, there are many legal restrictions on what one can do with one's wealth. First, many states give a surviving spouse and children rights ...
Just a guy's user avatar
  • 8,418
18 votes
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Posthumous publishing

In the US, the right to publish is vested in the copyright holder, who is initially the author. That right can be transferred for example by a transfer agreement, and it can be inherited just as other ...
user6726's user avatar
  • 215k
16 votes
Accepted

Does the death of a party involved in the execution of a will mean that they do not inherit?

The common law rule was that to inherit you have to outlive the decedent from whom you are inheriting, and that the inheritance would pass to your estate if you died before distribution was made. ...
ohwilleke's user avatar
  • 218k
15 votes

Which countries' inheritance laws apply?

It is complicated. The US (state) law and the German law both have rules on conflict of laws. I can only deal with the German part: The deciding law is the Regulation (EU) No 650/2012 for the ...
K-HB's user avatar
  • 1,001
11 votes
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Stealing a wealthy man's sperm to collect child support

If we restrict ourselves to legal options, he can hire a lawyer, which is what he should have done rather than "ordering a DNA test". As a general rule, the minute you get served with a ...
user6726's user avatar
  • 215k
10 votes
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What does "sever ties with" mean in terms of inheritance?

Legally, an announcement by one adult that s/he wants to "sever ties with" another has effectively no meaning. Presumably in the case mentioned the daughter intends to stop interacting with ...
David Siegel's user avatar
10 votes

What's the point of an inheritance tax on movable property? Can't valuable property be shipped to a country without the tax, and be inherited there?

In germany inheritance tax (Erbschaftsteuer) taxes someone receiving an inheritance (or a gift - they are treated the same). If the heir is (inheritance tax) resident in Germany, German inheritance ...
cbeleites unhappy with SX's user avatar
10 votes
Accepted

Does an inherited IRA count toward a specific bequest?

Unless there is some affirmative indication in the language of the will that the IRA amount counts against Nellie's inheritance, Nellie receives the $3 million IRA plus $7 million, for a total of $10 ...
ohwilleke's user avatar
  • 218k
9 votes
Accepted

Need clarification for legal relationship containment for multiple spouses

Currently there is nowhere in the USA where polygamy is legal. So regardless of their sexual or gender expression or orientation, being married to MORE THAN ONE person at the same time is illegal. If,...
jwh20's user avatar
  • 3,486
8 votes
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Does paying the down payment on your parents' home ensure that you will inherit the home?

If the parents own the house (as shown on the official deed) it will go as they leave it in their wills, or as the local law for intestate inheritance (no will) directs. Who paid all or part of the ...
David Siegel's user avatar
8 votes

Does my brother have a legal right to my parents home?

If the parents left the brother, let's call him Bob, full or partial ownership of the house in a will, or a long-term right of tenancy, then he has a right to live there. If they left no will, their ...
David Siegel's user avatar
7 votes
Accepted

UK inheritance: partner, sibling, child

The child C cannot receive anything as a "gesture despite the Will" if everything in the Will is left to B; unless B agrees to a Deed of Variation the Executor is legally bound to follow the ...
Owain's user avatar
  • 1,985
7 votes

Life insurance and taxes: Does a sole beneficiary need to tell other heirs? (Utah)

NO In most cases there is no tax owed by the beneficiary and it has, in any case, nothing to do with the estate.
George White's user avatar
  • 12.8k
7 votes

Who is liable for repairs upon death of landlord?

Your father's probate estate is responsible for the repairs (assuming that your father owned the property outright and not through an entity, in which case the entity would be responsible). To the ...
ohwilleke's user avatar
  • 218k
7 votes

What's the point of an inheritance tax on movable property? Can't valuable property be shipped to a country without the tax, and be inherited there?

In the United States, inheritance taxes don't depend on the location of the property. They depend on the location where the estate was probated. Usually inheritance taxes are only state taxes and are ...
Cicero's user avatar
  • 6,920
6 votes
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Does an executor who is a child of the deceased have a legal right to begin processing of a property before the will is probated?

The personal representative is empowered by law (esp. ┬ž3311) to undertake actions on behalf of the deceased, and enjoys certain legal immunities against personal liability for their actions. The ...
user6726's user avatar
  • 215k
5 votes

Cash only inheritance process

You should really investigate the legally correct way to deal with the estate and the transfers of the assets; if not, you could have considerable legal and tax liability in the future with the bank (...
BlueDogRanch's user avatar
  • 18.8k
5 votes
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Recourse if heir (assuming to be only heir) gives away items intended for other heir before the content of the will is known?

I think the key word here is "assume". A person, N, who is clearly the next of kin of a recently deceased person D may not assume that s/he is D's sole heir, or indeed is D's heir at all. N ...
David Siegel's user avatar
5 votes

Does the death of a party involved in the execution of a will mean that they do not inherit?

No, at least not in the jurisdictions I know. If she dies now, it's the same as if she had died before the parents: Her share will be distributed as if she had lived, which means it will primarily go ...
PMF's user avatar
  • 5,774
5 votes

Inheritance tax on foreign gifts

united-kingdom To extend on @ohwilleke's answer about US inheritance tax, I can answer the UK side of things. UK inheritance tax does not apply to inheritances from abroad, unless that person was ...
GeoffAtkins's user avatar
4 votes
Accepted

Do I inherit some portion of property if there's no will?

IANAL. I am not your lawyer. Assuming that they bought the house together, and are both on the title, your step-father would, as a surviving owner, take sole possession of the house (and it wound not ...
sharur's user avatar
  • 8,801
4 votes

Inheriting a parents home with a right to use clause in the will

This is going to depend very much on exactly what is in writing. Note that your father could, if he chose, directly leave both the house and the IRA to his partner. If you become the homeowner after ...
David Siegel's user avatar
4 votes

Suing over unjust inheritance distribution

You need to speak to a lawyer. First of all inheritance laws vary greatly from one location to the next, so you need someone who is familiar with your local laws and processes. You also need to ...
Hilmar's user avatar
  • 1,323
4 votes

Which countries' inheritance laws apply?

It would have been super beneficial if your mom had had a will in the shape of a Berliner Testament, which puts the spouse as the only inheritor and disowns everyone who could inherit in the 2nd ...
Trish's user avatar
  • 39.9k

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