Legal Question in Real Estate Law in California
We live in California.My husband was born in Denmark,not currently a Danish but rather is a US citizen. He has three brothers and two sisters.there are no living parents. His eldest brother holds full title on land in Jytlland which his brother inherited from his parents. When my husbands eldest brother dies who has rights to inherit the property? Are my husband and myself to receive legal notification of the right to inherit? What are my separate rights to this land/ dispensation of the land? Are there taxes to be paid both in Denmark and USA?
1 Answer from Attorneys
Your question is governed by Danish law, possibly with some impact of the law of your brother-in-law's place of residence if it is not Denmark. It will depend on Danish law of wills, if his brother has a will, or intestate succession if his brother does not have a will. Under Anglo-American legal principles it would most likely pass to your brother-in-law's wife and/or children, unless he wills it to someone else. I have no idea what Danish law says on the subject. As for your interest, under most states' law in the U.S. you personally would have zero right/interest even if your husband received the property or a share of it. In most states (all states I know of) inherited property is not marital property. Unless transmuted it is the sole and separate property of the spouse who inherits it.
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