Is there any benefit to permanent resident status?

[London2Baires]

Thanks for constructing this hypothetical. I don't desire permanent residence status now, much less when my Arg mate dies. (If I did, there's probably a method for a financially well situated retiree to qualify.) I have no assets in Arg and I have a will that disposes of all my personal and real property in the US.
However, you do raise an interesting issue. Should my wife predecease me, we would want her real property in Arg to go to her daughter. Does a surviving spouse have an absolute, non-extinguishable right to share in the real property held in the sole name of the deceased spouse? Can the surviving husband's right to share in the deceased wife's real property be terminated by testamentary disposition, i.e. by a will?

You need to consult a lawyer on this as it can get a bit weedy.

Generally speaking, only a certain % of the estate can be given away by will (it used to be a fifth I think, could be more now).

The rest goes to the surviving spouse and children automatically (there may be an exception if a party renounces their claim/right). (Also , the % attributed to each party is based on whether the assets in question were 'ganancial' or 'propio').

Don't quote me on all of this as it's a messy legal framework and changes all the time.

This should give you a rough idea/starting point for research however. Make sure to check all the details. And when in doubt, ask a lawyer (though not one from this forum imho)

You can also read a bit more on Google of course; I did a quick search and found a few links, this one seems ok , though I'm not totally sure that it's up to date.

Good luck!

Abogado de Familia - LA HERENCIA Y LOS HEREDEROS SEGÚN LA LEY

www.abogadodefamilia.com.ar

 

[on the brink]

However, you do raise an interesting issue. Should my wife predecease me, we would want her real property in Arg to go to her daughter.

A good alternative is to gift the real estate to your stepdaughter now, and retain for yourself the "usufructo" - that is, the use of the property during your lifetime. By doing that, inheritance taxes are avoided.

 

[julian63]

A good alternative is to gift the real estate to your stepdaughter now, and retain for yourself the "usufructo" - that is, the use of the property during your lifetime. By doing that, inheritance taxes are avoided.

Thanks for this suggestion. I'll consult a lawyer (my wife's ex with whom I am good friends and whose daughter it is).

 

[Bajo_cero2]

1. Can vote.. some elections
2. Can open bank account, CC
3. Can get lower domestic air fares
4. Can get Movie discounts
5. Can Use Public Health for Free/ CoPoSa
6. Can apply for loans
7. Can Qualify for Rental contracts Insurance
8. Etc.

9. You can not be treated like a slave. Citizenship is a full emancipation from slavery.

 

[Bajo_cero2]

OK... Imagine a husband dies. Then wife does not have familial path to obtain permanent residence anymore.
Depending on circumstances wife might have no other path to obtain permanent residence.
There might be some assets left in Argentina and on tourist visa wife might have a hard time to properly handle them...

No at all.

 

[Bajo_cero2]

Thanks for constructing this hypothetical. I don't desire permanent residence status now, much less when my Arg mate dies. (If I did, there's probably a method for a financially well situated retiree to qualify.) I have no assets in Arg and I have a will that disposes of all my personal and real property in the US.
However, you do raise an interesting issue. Should my wife predecease me, we would want her real property in Arg to go to her daughter. Does a surviving spouse have an absolute, non-extinguishable right to share in the real property held in the sole name of the deceased spouse? Can the surviving husband's right to share in the deceased wife's real property be terminated by testamentary disposition, i.e. by a will?

50% go to the spousee and if she dies first to her daughter. She can donate you a 20% but I think that % changed to 30% that means that you loose 35% anyway. I do not do family law. It is just what I remember from University.
if you dies first she inherit 100% unless you have sons or a testament.

 

[Rich One]

50% go to the spousee and if she dies first to her daughter. She can donate you a 20% but I think that % changed to 30% that means that you loose 35% anyway. I do not do family law. It is just what I remember from University.
if you dies first she inherit 100% unless you have sons or a testament.

Y las concubinas.. o concubinos? Ask Rosenfeld? before she's debarred...!

 

[Bajo_cero2]

Y las concubinas.. o concubinos? Ask Rosenfeld? before she's debarred...!

I think she does not do family law anymore.

 

[ventanilla]

Are you prepared to risk one day being denied entry at the border and suddenly being rendered homeless/countryless?

 

[julian63]

Are you prepared to risk one day being denied entry at the border and suddenly being rendered homeless/countryless?

I confess ignorance as to the significance of the risk. My wife is Argentine. I travel with her so hopefully that would minimize the risk, but if I were denied entry, I have a home in Miami.