Legal Question in Family Law in New York

Re: Can foreigners inherit US-based estate?

Dear Sir,

Thank you for contacting us. We are a Norwegian law firm - not Danish - I can only give you an answer as to what the rules would be if your parents were Norwegian citizens, but Norway and Denmark have very similar laws in this regard.

The answer, however, will depend on the location of the inherited assets.

There are no limitations for inheriting assets in Norway - but if inheriting certain large farms and real estates you may require a permit from the government. If no permit were granted, you might be forced to sell the estates, but you would of course keep the profits from the sale.

For real estates in Norway, you would have to pay inheritance tax. For cash, you would not have to pay any inheritance tax, but you may have to pay other tax and fees, depending on the value and type of asset.

For assets located in the US, you will need to contact a US attorney, as this will be governed by US law. I'm given to understand, however, that there are nothing preventing foreigners from inheriting assets in the US. But, please do double check with a US attorney.

I hope this answered your questions. Please do not hesitate to contact us again.

Yours truly,

Claes Zangenberg

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Foreigners can inherit US-based estate.

Foreigners can inherit US-based real estate and assets. There is no limitation.

The inheritance tax applies for the surviving spouse. If the surviving spouse is a US citizen anything they receive will have no inheritance tax due. If the surviving spouse is not a citizen there will be tax due. There is an allowance that allows the first million dollars to pass tax free that anyone can use. Over that amount NY taxes will be due. The federal exemption is higher and will increase further.

If you need more detailed information please don't hesitate to contact us by phone 718-855-7675 or e-mail.

This is a personal opinion. No attorney client relationship or privilege has been asked for or granted. Please get an opinion from an attorney to whom you have presented all the facts and retained before relying on any opinion.