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American living in Colombia, own a home. Questions about a Will

So I own a house in Colombia and have other assets here as well. Applying for my investor's visa and eventually expect to have Colombian citizenship. I am single.

Just started thinking I better get a will together.

I'm currently a resident of California.

I was planning to have an attorney here (a close friend) write up a will for me. He would be my executor and everything would be liquidated and go to my siblings in the USA.

Anybody know anything about this process? Things I need to be careful about?

Do I need a US will as well?

By antiguru on Mar 5, 2009, 16:40 in Friendly Talkzone.


lawyer CO says on Mar 5, 2009, 17:17:

i posted sometime ago an article explaing the process.

Will in Colombia is complete different to the american will, therefore, only following specific instructions, your colombian will is going to be accepted by the family court after you died.

www.poorbuthappy.com/colombia/post/the-will-and--sucession-inheritance...

Esteban Rada
colombian lawyer
email: lawyerscolombia at yahoo.com

0 funny, 0 helpful.

getting better says on Mar 5, 2009, 18:12:

I think you need a Colombian lawyer to do a Colombian will, of course, but really the discretion you have in Colombia is very limited
If you really wanted to do things in a way that allowed you to give your Colombian assets as you wanted, then you probably should make them owned by a US company controlled by you that you can give to whom you want under a USA will when you die, which hopefully will be a long time
I suggest asking the Cololmbian lawyer what he thinks of that idea, to bypass the anitiquated Colombian testimoniary laws

0 funny, 0 helpful.

aztec says on Mar 6, 2009, 04:26:

Having already met with a lawyer in Bogota about this matter, please be advised the law concerning inheritance in Colombia is significantly different than the USA. Your US experience will only get you in trouble unless you find a lawyer with both Colombian and American experience. At least find a qualified Colombian lawyer who can communicate with your lawyer in the States.

You need a Colombian lawyer for matters relating to Colombia.

0 funny, 0 helpful.

gimmedub says on Mar 6, 2009, 06:54:

having had the opportunity to go through the probating process once I strongly suggest your better option is to put the assets in the name of your siblings - less headaches for them to deal with when you move on....

0 funny, 0 helpful.

La_Huella says on Mar 6, 2009, 10:24:

Under Colombian law you HAVE to leave at least 90% of your estate to your kids, then parents, then spouse! There is no way around this. Like Gimme says, if you want them to have a piece of the apartment you have to do it NOW.

0 funny, 0 helpful.

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