Question about Real Estate in the US ( laws )

[nikad]

I am married to an American citizen and we bought a property in the US. I wonder how the laws work there, in case I die first. This is in FL btw. WIll my husband inherit my 50% automatically? or my children? I have one from my first marriage and we are expecting our first
Hope you can give me some rule of thumb answer to understand how things work up there Thanks in advance!

 

[Davidglen77]

First and foremost you should consult a lawyer well versed in real estate law and find out what the best case scenario is for your family situation. However, in the US these things are determined by state law, how the title to your property reads, ie: joint tenancy, tenants in common, etc., if you die with a will or "intestate" (without a will), and other factors as well. Again seek professional advice to avoid a possibly very unpleasant situation for your family.

 

[gouchobob]

Assuming you don't have a will it would go to the husband, if you both die the kids would inherit. If you have a will you can specify who gets what, doesn't even have to be somebody in the family. Big difference with Argentina where I believe the kids would inherit automatically with you having no choice in the matter. What I am telling you is basically the way it works but as David says consult an attorney in the states if you want to be a 100% sure.

 

[starlucia]

I just went through this as the executress of my father's Florida will. As I understand, if you and your husband own the property jointly, the deceased spouse's share would pass to the living spouse by rights of survivorship. After the surviving spouse dies, the property would probably be inherited by whoever was named in their will (after going through probate.) Now, because this property is not your homestead: if either owner has any large debts, creditors are technically able to seize their portion of the property before it is passed to the heir.

Congratulations on your soon-to-be arrival!!

P.S. Like David said, always consult an attorney, and I'd recommend that your husband (as a U.S. citizen) have a valid will prepared. If you need a Florida wills & trusts lawyer, depending on the area, I might be able to recommend one.

 

[gouchobob]

Here appears to be a good discussion of the issues specific to Florida. The best thing is to have a will. That way you are not leaving determination of what happens to somebody else.

http://kellenbryantlaw.wordpress.com/2010/01/21/who-inherits-in-florida-if-there-is-no-will/

 

[nikad]

Since we are living here for 8 years now, I will try to find out if I can write a will here and get it notarized at the embassy.

 

[voyagingknoxvillian]

In the states of Tennessee and Georgia at least, a will does not need to be notarized to be valid. A will must be signed by three uninterested witnesses at the 'time of execution' (the time you sign the will) to be valid.

These witnesses need not be notaries, but should provide address, phone number, ect, so they can testify as to the validity of the will, in case that the will is contested after you die.

I am an attorney from TN, however, can't speak for the state of Florida, nor do I have any type of specialty in trusts and estates.

Suerte!

 

[elhombresinnombre]

You need proper, paid-for legal advice about this and you need it in Argentina. What happens to a person's estate when they die depends not on where the assets are located, nor on their citizenship, nor where else they have lived nor where they actually die but on where they are domiciled. If you and your husband are domiciled in Argentina then that is the law that is going to decide matters. The question of liquidating and distributing the assets held in Florida may be affected by some or other US State or Federal law but it won't be inheritance law because neither of you live there.

As you know, Argentine law on inheritance is so clear cut that many people don't bother to make a will since the law will override anything in a will that is contrary to the law. However, you ought to make a will in Argentina because there are different ways in which the law can be obeyed and some may be more advantageous to you than others. It would be advantageous for you to draw up a deed in Florida/USA - you can't call it a will because it won't be valid as a will if you are not domiciled there - which mirrors your intentions over your estate as drawn up in your Argentine will. It will just make things easier to administer when the time comes. And if you go to live in the US or anywhere else for that matter, you ought to draw up a will that is compatible with the laws of your new domicile.

Right now you should be asking who the $!*% am I to be saying all this stuff? Just some guy who has asked the same questions as you and paid for the answers. So don't take everything I say at face value - it's all said with goodwill but I may have misremembered some fact or forgotten to include others. If you want the details of an Argentine lawyer with whom I would be happy for you to work - or I can help in any other way, just PM me any time.

 

[lwfh]

http://www.globalpropertyguide.com/Latin-America/Argentina/Inheritance

I think that this answers your questions (particularly the last paragraph)

 

[Gigi]

Hi my name is Gigi, I live in NY. I need help, trying to figure out what is the best way to get the money I will collect after a house I inherited gets sold. I am not particularly crazy about creating a bank account in Argentina only to be able to take the money out in US. I'm not even sure if I could take all of it out at once. Is there any other way I could do this? Any suggestions?