Legal Question in Real Estate Law in Virginia
US citizen expatriate owning apartment unit in Virginia
I am a US citizen staying in Korea in long term because of disability caused by rheumatoid arthritis. In preparation in case worst thing happens to me before I sell the apartment, I wish to will to give the property to my brother in Korea.
Could you guide me to write a will accordingly?
Thanks.
1 Answer from Attorneys
Re: US citizen expatriate owning apartment unit in Virginia
The will which you've referenced in your question should be a will drafted in accordance with the applicable laws and regulations of the jurisdiction where you currently live (and where you may die) which, apparently, is the Republic of South Korea.
Therefore, the will should be drafted there in South Korea including the provision whereby you devise the apartment in Virginia to your brother. The executor of your will(after you die) will then need to retain a Virginia attorney for the ancillary probate process to effect transfer of legal title to the property to your brother.
Therefore, you need to retain a Korean attorney
to draft the will who should also ensure that there is an accurate English translation made of the original.