so you bought property in BA and you die?

[studiodio]

A friend of mine owns an apartment in BA and he just had a health scare that prompted him to research what would happen if he died....he found that if his will states that the apartment goes to an non argentine citizen, the property will revert to the state, and not his heirs....he is now thinking of selling....anyone with different info out there?

 

[steveinbsas]

I just entered "wills in argentina foreigner" in a google search and found this:

http://www.ireypg.com/blog/2008/11/02/argentina-property-argentina-inheritance-tax-and-law/

"If we then look into domestic law, the Argentine Civil Code provides that succession to the estate of a deceased person is governed by the law of the state of the decedent’s domicile at the time of death, regardless of the inheritors’ nationality. The Civil Code further provides that the same law governs the content and validity of wills."

 

[sergio]

I've never heard of any restrictions based on nationality. There are many Argentines married to non-Argentines. I doubt that their estates would go to the state and not to their non-Argentine spouses. It IS true that the place in which you are legally resident is the country whose laws apply. In Argentina there are very clear inheritance laws that do not allow you to bypass your children or parents. Your friend needs to talk to a lawyer who SPECIALIZES in inheritance law (there are not too many of these from what I know) and not just any lawyer. The US embassy should help citizens out with this sort of problem but they won't lift a finger to be of help.

 

[Attorney in BA]

...he found that if his will states that the apartment goes to an non argentine citizen, the property will revert to the state, and not his heirs....he is now thinking of selling....anyone with different info out there?

This is not correct. The applicable law will be that of the deceased's last address. Foreigners have the same rights as Argentines to own property, buy, sell, or inherit, etc. .

Civil code, Section 3283. The right of succession to the estate of the deceased is governed by the local law of domicile which the deceased had at the time of his death, whether the successors are nationals or foreigners. (This is a free translation, in case of doubts refer to the original text in Spanish or consult with a lawyer)

Codigo civil, Art. 3.283. El derecho de sucesión al patrimonio del difunto, es regido por el derecho local del domicilio que el difunto tenía a su muerte, sean los sucesores nacionales o extranjeros.

 

[lwfh]

A quick search brings this up in English

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

 

[Fettucini]

I knew someone, a foreign client, who owned property in BA and passed away two years after buying it. The property was passed onto his relatives and was being handled by American solicitors - there was no talk of it being handed to the state. They actually recently sold it.