What Kind of Lawyer Can Assist with an International Estate Dispute?

Question from Peaches, What Kind of Lawyer Can Assist with an International Estate Dispute?

Answer from AI:

When dealing with an international estate dispute, especially when the deceased lived in a different country, it can be quite complex. Here are some key points to consider:

Types of Lawyers You Might Need

To handle an international estate dispute, you may need to consult with several types of lawyers:

• Probate Lawyer: A probate lawyer specializes in the legal process of administering the estate of a deceased person. They can help you understand the probate process in England and how it might affect your rights as an heir.
• International Estate Lawyer: These lawyers specialize in cross-border estate issues and can help navigate the complexities of different legal systems.
• Litigation Lawyer: If the dispute with your brother escalates to a legal battle, a litigation lawyer can represent you in court.

Understanding Jurisdiction and Applicable Laws

Since your mother lived in England, her estate will likely be subject to English probate laws. However, as a resident of California, you may also need to consider U.S. laws regarding inheritance and taxes.

Key Legal Concepts

• Jurisdiction: The legal authority to administer the estate will generally be in the country where the deceased lived. In this case, English courts will likely have jurisdiction.
• Conflict of Laws: Different countries have different laws regarding inheritance. An international estate lawyer can help you understand how these laws interact.
• Probate Process: The process of proving a will and administering the estate. In England, this is known as “grant of probate” if there is a will, or “letters of administration” if there is no will.

Steps to Take

Here are some steps you can take to address the dispute:

1. Consult with a Lawyer: Find a lawyer who specializes in international estate disputes. You can start by contacting the California Bar Association for referrals.
2. Gather Documentation: Collect all relevant documents, including the will, death certificate, and any correspondence with your brother.
3. Understand Your Rights: Your lawyer can help you understand your rights under both English and U.S. law.
4. Consider Mediation: Before escalating to litigation, consider mediation to resolve the dispute amicably.
5. Prepare for Litigation: If mediation fails, be prepared to take legal action. Your lawyer will guide you through this process.

Resources and Further Reading

For more information, you can refer to the following resources:

• UK Government: Wills, Probate, and Inheritance
• California Bar Association

When to Seek Legal Advice

Given the complexity of international estate disputes, it is crucial to seek legal advice early in the process. A qualified lawyer can help you navigate the legal intricacies and protect your interests. Always consult with a legal professional for personalized advice tailored to your specific situation.