Legal Question in Wills and Trusts in Ohio

US property rights of surviving non-resident spouse
Joe goes to Europe with US Govt job. Quits job and stays in Europe. Marries citizen of eastern european county. Niether Joe nor his spouse apply for US citizenship or status for her. Joe dies while married, no children. Surviving spouse's country disintegrates, eventually reincarnates as new republic. Surviving spouse discovers that Joe has property in US and some inheritance.

Does surviving spouse have any claim on Joe's property or inheritance? If so, how would she excercise such a claim?

Asked on 9/04/02, 7:48 pm

3 Answers from Attorneys

Douglas Barr The Barr Law Firm, P.C.

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Re: US property rights of surviving non-resident spouse

Surviving spouse may have a claim, but I can't state for certain without more facts. An ancillary proceeding may be necessary to assert her claim, if she has one. I'd suggest that you make an appointment with me soon, and we can then discuss in more detail. My tel. # in Albuquerque is 505/888-4409. By the way, I've practiced law for 27 years, and handled lots of probates.

Answered on 9/05/02, 12:24 pm

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David Weilbacher, Esq. Attorney at Law

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Re: US property rights of surviving non-resident spouse

Where did Joe live when he died? Were there probate proceedings? Joe's wife would have no calim to any inheritance Joe had not yet received, but would have a claim against the property he held at the time of his death. To pursue this claim she would need to begin probate proceedings in the Ohio county where the property is located. If the probate proceedings in the jurisdiction Joe lived in at the time of his death have been closed, it will be necessary to reopen those proceedings.

Answered on 9/05/02, 1:24 pm

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