Re: pray for Sue

Posted by MarkB_MI on November 19, 2021 at 03:06:04 from (174.211.6.215):

In Reply to: Re: pray for Sue posted by 730virgil on November 18, 2021 at 20:46:26:

> My question for John T do England estate laws apply to U.S.?

John's been kind of quiet lately. You might have to give him a shout-out if you want him to respond. I'll give you my two cents, which are worth maybe one cent.

The question isn't so much which laws apply but rather which court has jurisdiction. Most of the time, the probate court in the place where the decedent resided has jurisdiction. Sure, there are fuzzy Howard Hughes cases where it's not clear where the decedent resided, he had property all over the country and died in a plane over Mexico. But most of the time it's pretty clear-cut. If the decedent wasn't a resident of the UK and didn't own property in the UK, it's unlikely any UK court is going to claim jurisdiction over his estate. And if it did, it seems unlikely a US court would accept the UK court's judgements at face value. I don't think your significant other has to worry about English estate law.

Moving on, do the limey plaintiffs have any claim to this estate? As with everything else in life, it depends:

If the decedent set up a trust, and the purported heirs aren't named as beneficiaries of the trust, your sweetie can tell them to go pound sand.

If the decedent had a will, and the purported heirs aren't named in the will, they can go pound sand.

If the decedent died intestate (with no will), and probate has closed on the estate, the purported heirs can go pound sand.

If the decendent died intestate, probate is still open on the estate, AND they claim to be at least as close of relatives as your sweetheart, they MIGHT have a claim. But the burden of proof is on them to prove they are who they claim to be and that they have a legitimate claim to the estate. She doesn't have to accept any of their claims at face value.

This sure sounds like a scam. If these purported cousins are legit, they should be willing to hop on a plane, fly to the US and make their claims before the probate judge in this case. Or at the very least, retain local counsel to make their case. If your sweetie hasn't received a letter from either the probate court or from a local attorney, I think she can fuhgetaboutit. IANAL.

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