54
votes
Accepted
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 ...
- 29k
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 ...
- 210k
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.
...
- 198k
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 ...
- 194k
24
votes
Accepted
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 ...
- 113k
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 ...
- 43.2k
21
votes
Accepted
What needs to be done if I'm inheriting a gun?
Conventional guns are not generally "registered" in America. (Only a few jurisdictions like NYC, DC, and maybe still Chicago, have laws requiring licensing of gun owners and registration of ...
- 21.7k
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 ...
- 8,378
18
votes
Accepted
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 ...
- 210k
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.
...
- 194k
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 ...
- 992
10
votes
Accepted
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 ...
- 210k
10
votes
Accepted
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 ...
- 113k
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 ...
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,...
- 3,498
8
votes
Accepted
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 ...
- 113k
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 ...
- 113k
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 ...
- 1,975
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.
- 12.1k
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 ...
- 194k
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 ...
- 6,828
6
votes
Accepted
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. §3311) to undertake actions on behalf of the deceased, and enjoys certain legal immunities against personal liability for their actions. The ...
- 210k
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 (...
- 18.8k
5
votes
Accepted
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 ...
- 113k
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 ...
- 4,815
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 ...
- 685
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 ...
- 8,737
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 ...
- 113k
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 ...
- 1,273
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 ...
- 33.4k
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