Freddikins
2/26/2017 10:06 EST
I have just learned that according to UY law, that if my husband dies, the property in UY goes to his children. Period. He is older then me, just had a stroke, and it is probable he will die first. Neither of us have residency in UY, and are US citizens. Does UY inheritance laws have to apply, or can US inheritance laws apply?
Post a Reply
 0 0 abuse
|
|
Morell
2/26/2017 11:26 EST
Sorry to hear about your husband.
We spent quite a bit of time getting several different answers to inheritance here.
I think you should definitely consult a lawyer but we were told that it will depend on the names on the deed. If you are also an owner then it is split between you and his children. They can sign off their share and I think you can live there till you die but if it is only in his name then the property would go to his children. Whether you can still legally remain in the house in this case - I am not sure.
We were told by several lawyers that no you cannot use a US Will here although one person suggested it might be worth showing the Will to a lawyer here and see if International Laws can be applied.
Bank accounts are also frozen if only in the deceased name - we were advised to take as much cash out as fast as possible before the Bank is notified. It can take months for everything to settle through the courts here.
Uruguay inheritance laws are very rigid and Courts will follow them strictly. If you can get your name added to the deed if it is not in your name too, then you are entitled to 50% at least.
( I have know of expats who have neglected to mention possible heirs who are not in Uruguay to simplify things. Whether they would come here to demand their share would depend on if they even knew they had inherited something I suppose. )
Post a Reply
 0 0 abuse
|
|
|
|
Freddikins
2/26/2017 13:03 EST
Thanks Morell, I'm still looking into it. I think I would have more rights as a squatter :-)
Post a Reply
00abuse
|
|
dawsonpointers
2/26/2017 15:22 EST
Sorry for your difficulties.
On the advice of our lawyers (F&S), the first thing we did before buying a house was get wills and powers attorney done in UY. The rules for assets in UY are different, as you have found out. So we have separate wills and POAs for assets in Canada and UY. The cost of wills in UY are about 3 times what it was in Canada.
The other thing we found out is that you could be on the hook for an expensive funeral unless you get your wishes registered with the municipality. I thought that was weird but I guess they deal with the dead.
We also found out that there is no common law status so we are officially single after living together for 39 years! All this can be dealt with with the help of a good attorney.
Best wishes for your future.
Post a Reply
00abuse
|
|
login2
2/26/2017 15:48 EST
... YEP !
and YOU said it "All this can be dealt with with the help of a good attorney" ...
BEWARE of F&S .... !!!!!!
Post a Reply
00abuse
|
|
|
|
|
|
Morell
2/28/2017 11:02 EST
I believe they mean Fischer and Schickendantz, a large law firm in Montevideo.
We used them for our house purchase and immigration and found them professional, reliable and they have many English speakers.
I know others who have used them to get citizenship.
Post a Reply
00abuse
|
|
dawsonpointers
3/2/2017 10:39 EST
Yes, the F&S I referred to is Fischer and Schickendanz and I agree with Morrel's assessment. We have and will continue to use that firm because it consists of teams of specialists in multiple areas of Uruguayan law.
Post a Reply
00abuse
|
|
wengin
3/3/2017 06:58 EST
Hello, what happens here is that when a person dies, the properties and assets they are split in the family. For example, if this person is married with no children...then assets will go 100 % to his or her partner. If this person has children then the partner will get a 50 % of the total assets and the other 50% will go to the children. It doesn't matter where they are located at. There will be always an inheritance search, there is a period of 90 days where people will have to respond to this search. Once this period is over then the inheritance will be over and the assets will go to the partner or closest individuals.
I know it sounds difficult and complicated and actually is. Totally different to the States laws. The only way to get around this would be to sell the properties while the person is alive. In this way, the partner will keep the cash or whatever. It's absolutely mandatory to open up an inheritance process once a person dies. A will wouldn't work either because according to the Uruguayan laws disinheritance is not allowed.
Hope it helps.
I'm available to questions.
Silvia. 091 25 13 47
Post a Reply
00abuse
|
|
Freddikins
3/3/2017 09:12 EST
Thank you Sylvia. I will be coming in a couple of weeks, and will try and get a sense of clarity about it all. Selling is the most 'practical' idea of all, but buying this house was a 'dream', one that would be very difficult to release. The sadness I feel, of selling it now, for practical reasons, is more than I can consider. If I had been that type of practical person, he or I, we would not have bought it in the first place. Now for the next question, I need a new thatched roof. Talk about impracticality! That is for a different thread, though. Thank you, and everyone that has answered.
Post a Reply
00abuse
|
|
|
|
|
|
