Inheritance, Assets in Germany II
am 14.08.2004 von German American Law Journal :: American Edition
CK - Washington. The initial assumptions and steps to recover assets in Germany in a probate proceeding involving an American decedent, discussed in Inheritance, Assets in Germany I, lead to the issues of the satisfaction of tax obligations and obtaining proper papers from the German probate court, such as a certificate of inheritance, Erbschein, or letters of administration, Testamentsvollstreckerzeugnis.
The same applies to German citizens who died in the United States after obtaining American residence status--which may be a permanent residence, as it is defined under immigration law, or resident status as defined under federal tax law or under state estate, inheritance, probate, family or tax law, or a mix of factors that take into account all of these aspects. Again, as stated before, this note does not advise you on what applies to your situation. You need to
obtain the advice from your attorney.
With a German citizen who had acquired resident status in the United States, things get a bit more complicated because the applicable American probate law may subject the entire estate to American law while the German law subjects all of the estate to German law. Even more complicated could be cases where the decedent had dual citizenship from birth. Finally, the cases involving persons of German citizenship who acquired American citizenship and retained German citizenship raise complex conflicts of laws issues. They can be resolved, but heirs and administrators need to be aware of them from the beginning because important deadlines relate to each …
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