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Answered in 6 minutes by:
1/11/2013
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
VerifiedUnder Argentinian law, any of his property in Argentina has to be probated in Argentina under their laws, since that is where he resided at the time of his death. Unfortunately, under the Argentinian civil code, a spouse is a forced heir, regardless of wills to the contrary, and thus she is entitled to a 1/2 share of the estate of the deceased spouse and the other heir, the trust, is entitled to the other 1/2 share. As he died domiciled in Argentina, even with a US will, the Argentinian laws apply and his wife is entitled to her forced share I am afraid.
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I am sorry, I thought she died AFTER he died, I was unclear on that. If she died FIRST, then she or her estate is not entitled to your father's estate. However, if she died first, your father as surviving spouse was entitled to his share of her estate and her heirs were entitled to their share as well and if your father never probated her estate and her heirs never got their share of her estate upon her death, then they can make that claim against your father's estate.
Thus, the progression of succession in Argentina means that since she died first, your father inherited his share of her estate and her heirs were entitled to their share. This does not mean they get now 1/2 of his entire estate, they get a share of her estate that they should have received upon her death. Thus, you would need a succession attorney in Argentina to straighten out how much your father should have inherited from her estate and how much should have gone to her other heirs and that would be separated from his estate as they would have no claims to his actual estate.
Thus, the progression of succession in Argentina means that since she died first, your father inherited his share of her estate and her heirs were entitled to their share. This does not mean they get now 1/2 of his entire estate, they get a share of her estate that they should have received upon her death. Thus, you would need a succession attorney in Argentina to straighten out how much your father should have inherited from her estate and how much should have gone to her other heirs and that would be separated from his estate as they would have no claims to his actual estate.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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