[WSBAPT] Foreign will--effect on US property

[susan at pepetersonlaw.com]

HC is the surviving spouse of a Danish citizen.  Danish citizen apparently
executed a will in the 1970's naming then-spouse, though I have yet to see
it.  The couple had a son (apparently not named in the will) then divorced a
few years later.  HC and Danish citizen married here more than 20 years ago.
Danish citizen never executed another will and it is doubtful that the
foreign will was revoked.  As far as I can tell so far, all the property in
the US is community.  There is a very small amount of assets in Denmark.
The son is now saying he thought he would "be protected" by the old will.
How do I proceed?  Do I have to attempt to probate a 50+ year old foreign
will?

 

Susan E. Spuller

Attorney at Law

 

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