How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Brother died in US. British citizen but resident there. I

Resolved Question:

Brother died in US. British citizen but resident there. I live in UK. Is probate dealt here or do I need to obtain probate in US.
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Did your brother leave a will, or did he die without making a will? Was the will made in America or in the UK?

Customer: replied 10 months ago.
No will has been identified. I have had no co-operation from his associate in US. Only among documents they sent were expired British Passports,Residency cards, his Social Security number. When he left Texas he sold his business for a considerable sum nearly a miilion dollars per his employees and friends then moved to Alaska where for four years he did 18-hour days on a contract dealing with tourist fishermen. He associated with another employee of the business and he says he went into business with her which she denies. Private detectives have not traced bank accounts or much assets(only a Airstream trailer and a pick-up truck.The lady would know if there was anything else but denies anything. I cannot sell the truck or trailer until legally entitled.
Expert:  Buachaill replied 10 months ago.

2. Succession to an estate where there are movables and potentially immoveables, given his business, is governed by the law of the domicile of the deceased. Here, that would be the state of Alaska. In strict point of law, you should take out letters of administration in Alaska where he had his domicile at the time of his death. Whilst it could be argued that your brother still had his domicile of origin in the UK, that is not going to greatly assist in the practical administration of the estate because you are going to have to get any probate extracted in England recognised in Alaska. So, I would suggest you simply take out letters of administration or probate in Alaska and work from there.

Expert:  Buachaill replied 10 months ago.

3. I would also suggest that as part of any probate in Alaska, you seek an account, formally of the business which your brother had with his fellow employee. If there was a partnership, then in strict point of law, this should be wound up and the assets divided. So, you should consider how best to do this in Alaska.

Expert:  Buachaill replied 10 months ago.

4. Be aware that the concept of domicile is a fluid one. So, if you are not happy with probate in Alaska, you can seek to take out letters of administration in the UK based on your brother never losing his domicile of origin in the UK. This has the advantage that you will know the law and understand how it applies. However, be aware that there are usually practical problems as you then have to get that Grant of Probate recognised in Alaska. It is generally necessary to once again apply for probate in Alaska.

Expert:  Buachaill replied 10 months ago.

5. Please Accept or Rate the Answer Kevin, as unless you do so, your Expert will not receive payment for answering your question.

Buachaill and 3 other Law Specialists are ready to help you

Related Law Questions