When a person owns real estate overseas, the property will be subject to the inheritance laws of the country in which it is located. These laws may vary widely with many European and South American countries heavily favoring children over spouses even when a will expresses otherwise. However, there are several planning routes to take with this type of property including doing nothing if the owner is happy with the inheritance laws or plans to sell the property before death or crafting a will that complies with local customs. In any case, it’s always a good idea to keep an eye on the laws that govern the situs real property, be it a foreign or domestic, as they may dramatically alter an estate’s distribution.
See Kathleen Peddicord, Understanding Inheritance Laws When Owning Property Overseas, US News & World Report, June 9, 2015.
