Legal Question in Wills and Trusts in New York

Re: Which inheritance laws will prevail: US or Italian?

I can give my advice according to Italian law. Article 30 of law n. 218\95 (which regulates international private law ) states that family estates are regulated by the law of the country in which the married life usually take place. Anyway sponses can determine by a written agreement which national law they want to follow. If you have any immovable properties this pact must be registered.

Yours sincerely

Alessandro Palmigiano

Palmigiano law firm

Re: Which inheritance laws will prevail: US or Italian?

That is the very purpose of a Will.

It states who will receive the property you own at your death. Life insurance, pension benefits, etc. are generally not covered by the Will.

If the will is executed validly under the laws of the country in which it is signed, it will be recognized in most countries, probably all European countries.

The Will is administered under the laws of the jurisdiction in which the decedent is domiciled and the property is subject to estate tax in that jurisdiction (with exceptions). Domicile is the place where you are present and call home.

Nonetheless, the provisions of the Will will govern the disposition of your property.

If there is no Will then the intestate laws of the domicile will govern the distribution.