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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6769
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Hi, my father who was british moved to kansas and re-married

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Hi, my father who was british moved to kansas and re-married to an american women in 2006. He owned land in england in his own name and not jointly with his wife and I can not work out if the land will transfer wholley to her and what law will govern the probate as he had no will - will it be kansas law as that is where he lived and died or british law as that was his nationality and where the land is owned.

Did your father ever become a U.S. citizen?

Customer: replied 3 years ago.

No, I think he was a legal alian if that is the right term, I think the issue was die to having a heart attack which subsquently bankrupted him and his wife in the states.

This is never an easy question, but regarding this situation English law governs the inheritance of land in England. Since your father was domiciled in the U.S. and did not have a will, then British law would apply Kansas law regarding the inheritance of his property by intestate succession. For a good discussion of this subject, see:

Section 3.4

As far as who inherits under Kansas law, see Kansas Probate Code Sections 504, 505

I believe that British laws of inheritance would be similar too, but that is not my area of expertise. In order to pass title to the land, there will have to be some probate work done in England.

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