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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 85227
Experience:  Fully licensed attorney in Texas in private practice.
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Hi, Im a Swedish citizen, resident in Alabama and married

Resolved Question:

Hi,

I'm a Swedish citizen, resident in Alabama and married to a US citizen. We have a will established in Sweden and my question is whether this is valid in the US (Alabama). We get different answers from lawyers we have contacted, but I guess most of them would like the business. For us it feels unnecessary to pay that extra money here.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Provided that the Last Will and Testament meets the following requirements, it would be seen as valid:

1) The testator (writer) was at least 18 at the time of the writing;
2) The testator was at that time of sound mind (capable of reasoning and making decisions);
3) The Will and signed by the testator; and
4) There are at least TWO witnesses that have signed with the testator.

Alabama Code § 43-8-130 et seq.

If the Will meets these requirements, then it would likely be seen as VALID.

Now, it may not be in English. If so, then it is still valid provided that a certified translation into English is filed along with the Swedish version at the time of probate.

Now, if you anticipate a lot of arguing over the estate, it is best to create a Will in Alabama that overrides the Swedish will, only if to ensure that the Swedish will cannot be "attacked" as invalid for being foreign, or perhaps not having a notary (if it does not), etc, which does not necessarily invalidate it, but can give extra ammunition to someone challenging the will.

I hope this helps and clarifies.

If this is not what you had wanted to hear, I am sorry. Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 9 months ago.

good. We also signed a post-nuptial agreement in Sweden. Is that equally likely to be valid?

Expert:  Ely replied 9 months ago.
Thank you for your follow up.

We also signed a post-nuptial agreement in Sweden. Is that equally likely to be valid?

Post nuptial agreements in Alabama are valid under Ala. Code 1975, §§30-4-9 and §§43-8-72, as well as held up in Ruzic v. Ruzic, 549 So.2d 72 (Ala. 1989).

The law only requires the parties to ENTER INTO A WRITTEN CONTRACT in regards XXXXX XXXXX of property and that each party signs. It may be in another language, technically. So this would be valid as well.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 85227
Experience: Fully licensed attorney in Texas in private practice.
Ely and 10 other Estate Law Specialists are ready to help you

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