Legal Question in Wills and Trusts in New York
No last Will, who will inherit?
I am a German National who's American husband died in Germany. He was working under the SOFA agreement here. We were married 36 yrs. We own German property, and under German law my husbands siblings have the right to inherit, since there is no last will, and there are no children. Both of our parents are also dead. My question to you is: The home of records for my husband was NY, and if we were living in NY who would inherit after my husbands death without a last will and testament?
Also, is it the home of records or the last residence we resided in the US (US Army - stationed at different places) that counts?
My question is not referring to the real estate in Germany, but all the other moveable things we own. Everything we own including the property, is paid for. Because this is a inheritence case for the real estate only in Germany, I need to know who will be the beneficiary for the rest of the property according to US (NY) law, since my husband was an American National? It was always my understanding, that without having children everything will go to the surviving spouse! Just in case it makes a difference, our last residence in the US was South Carolina. I sincerely hope that you can help!
Thank you very much,
H.E.
3 Answers from Attorneys
Re: No last Will, who will inherit?
Your question is a bit tricky. An analysis of all of the facts is required to provide a complete answer.
If your husband was a residence of NY at the time he died, NY law would apply; and pursuant to NY law the surviving spouse would receive everything.
NY courts would also have jurisdction over any property in NY, however, it is not clear how it would be distributed--since I do not have enough information.
I am not familiar with the law in South Carolina, so I can't tell you how property there would be handled.
If you need an attorney in NY, feel free to keep me in mind.
Re: No last Will, who will inherit?
German Law and US Law are pretty much the same who does inherit. Second, you have to look in which name the property in Germany and US are recorded. I am licensed in Germany and can answer your questions in detail if you provide all necessary information
Re: No last Will, who will inherit?
Any property held jointly would pass to the survivor by operation of law. Property owned solely by your late husband would become part of his estate. Under NY law, in the situation you describe, you would inherit the estate.
Feel free to contact me if you require any additional assistance. I also can speak German.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
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