Overall, this article is intended to provide an in-depth analysis of inheritance law in the United States of America (USA). It is very useful to stress at the outset that probate procedures are far from simple and not similar to Turkey. Essentially, it will be displayed that an inheritance lawyer or any other practitioner is required to have an open-minded and comprehensive perception in terms of cross-border probate disputes.
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What is the main legal base for international inheritance disputes in Turkey?
Above all, it is critical to emphasize that the Act on Private International and Procedural Law (Numbered 5718) plays a core role in regulating cross-national cases. Specifically, Article 20 states that the national law of the deceased shall govern inheritance. It necessarily means that fundamental priority is the citizenship of the decedent. For instance, if the testator has the USA citizenship, the USA rules will be applicable. Nevertheless, with regard to immovable property located in Turkey, Turkish law is applicable to any case. Article 20 also stipulates that provisions relating to the reasons of opening, acquisition and distribution of succession shall be governed by the law of the state where the estate is located.
What is meant by forced share?
Forced share is accepted to mean the right to receive a definite part of decedent’s assets. It is also named as “statutory share” or “reserved portion” in the law applied in the USA. Despite that Turkish inheritance norms require the recognition of family members’ forced share including children. What is interesting is that this is not the case for American law. It is seen as possible for parents to exclude their own children from having any certain amount of their assets. In the instant case, it is necessary to bring a case within the ambit of “omitted child doctrine”.
What are core elements of an inheritance dispute in the USA?
The collection and preservation of evidence including all relevant paperwork is necessary for any type of successful case in the USA. Moreover, an end-to-end analysis of all this evidence is obligatory within the jurisdiction of the USA.
- the death certificate,
- copy of the last will and testament document,
- copy of the trust agreement,
- original copy of consumer report with regard to assets.
How does inheritance law work in the USA?
The question of how you can claim your inheritance rights before judicial authorities in the USA is very essential. A comprehensive evaluation of terms, conditions and the meaning of articles laid down in the last will and testament together with trust agreement is very fundamental for the way forward.
In the light of final analysis, it is clearly seen that understanding the key parameters of current probate law is of utmost importance in managing properly any sort of inheritance issue in the US. Collecting necessary paperwork represents the first stage to initiate the probate process properly. Fair distribution of assets to heirs require a set of legal steps within a certain period of time. Taking all this into account, seeking necessary guidance from a qualified probate lawyer may have a crucial impact on taking relevant measures on time.