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Wills/Probate

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J

Jimenez

Guest
My father a US citzen from the state of Ohio living in Spain the last 17 years recently passed away. He is survived by 3 adult children and his second wife (no relation to children), also a US citizen.

His estate will be probated in Spain. Spanish court will impose the US law of state he had his last residence which was Ohio. With this, we assume the laws of Ohio will govern all decisions. If he failed to mention his three adult children in his will after being declared competent by a Spanish doctor, are they disinherited under Ohio law? If not, how is the estate divided between the children and the widow in this situation? He had 2 previous wills that included the children but were not notorized or witnessed. The last one was dictated to his wife in the hospital 2 days before falling into coma in which he never recovered. This was in front of and notorized by an US Embassy official along with 2 witnesses.
 


ALawyer

Senior Member
This involves complex issues that would make a great case in a conflicts of law and international estate planning class in law school.

I have no idea if, under Spanish law, the last Will is valid. Was he really competent when he dictated it? -- and altough one doctor said so, that's not necessarily conclusive. Is dictation sufficient under Spanish law?
Simply put, if the Will was valid in the jurisdiction where it was prepared, it probably would be honored in other jurisdictions.

If there is real estate in Ohio ancillary probate in Ohio would be necessary and that could give rise to a whole set of new issues.

This is FAR too complicated for any Forum. Get a TOP lawyer to look into it for you.
 

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