Ex-Pats Should Be Aware of Inheritance Laws in Foreign Countries

Staff Writer, April 17, 2009

Many Americans think that it is exotic and exciting to buy property and other assets in faraway countries and continents and, indeed, it is. However, it is important to understand that not every country has the same laws regarding estate management and division after an owner’s death. For this reason, those who invest in foreign properties should be sure to create a will and research the country’s laws regarding the execution of that will.

For example, many Americans and Europeans who purchase land and assets in Turkey and other Eastern or Middle Eastern countries may find that the property will go to their children, generally the eldest-born son, upon their death. Unless the wife is actually a joint owner of the property, only a very small portion of the proceeds from a sale will go to her. In fact, even if she is listed as a partial owner, she can only receive 50% of the proceeds, unless otherwise noted in a will.

It is easy to assume that all countries divvy up property and assets the same way after a death, but in certain patriarchal societies, preference is given to the men of the household. It is recommended that before investing in property overseas, an individual first consult an American estate manager or lawyer who specializes in foreign assets.