QUESTION
Can your inheritance be taken away if you temporarily left the country?
Asked on Mar 11th, 2014 on Litigation - Michigan
More details to this question:
My fiance is in Nigeria. She has been there taking care of some family business. She has been dealing with a lawyer about an inheritance from her father. I have tried to get her to come home for a couple weeks, but the lawyer told her that he must advice against her leaving if only temporary. He has told her that if she was to leave, that he cannot guarantee that she will get the inheritance. He says that someone will take it. Is that possible? I would think that since she is dealing with a lawyer, then he wouldn't give the money to anyone but her.
9 ANSWERS
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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I have no idea what could happen in Nigeria. The lawyer did not say he would give the inheritance to someone else. He said he could not guarantee someone would not take it.
Answered on Mar 11th, 2014 at 11:56 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you contact a well respected lawyer experienced in Nigerian law for a second opinion.
Answered on Mar 11th, 2014 at 11:55 PM
In this matter, Nigerian law determines how an estate is distributed. If the attorney recommends that she stay in Nigeria and she has contacted another attorney for a second opinion and he/she also recommends staying in country, she should probably stay. FYI: In the U.S., the executor of the estate distributes the inheritances, not the attorney.
Answered on Mar 11th, 2014 at 11:55 PM
In America, you would probably be right. But, she should follow the advice of the Nigerian lawyer regarding Nigerian law and customs.
Answered on Mar 11th, 2014 at 11:55 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Under US law that lawyer is mistaken. The funds and inheritance should be held in trust until she returns or forwarded to her wherever she is living. I have no idea about Nigerian Law...
Answered on Mar 11th, 2014 at 11:54 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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The answer to your question is generally "no", but it depends on what the trust or will says. Usually, a person only loses their inheritance if they predecease the person from whom the person is inheriting, but the will or trust could set forth different conditions. The answer will be in whatever estate planning document the decedent used. If there was no estate plan, then under default Utah law she would not lose her inheritance by a temporary absence.
Answered on Mar 11th, 2014 at 11:53 PM
2 Awards
Generally no but I cannot say for sure what the laws are in Nigeria.
Answered on Mar 11th, 2014 at 11:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is not the kind of thing that happens in the US. But in Nigeria, things may be totally different. I would try to have the lawyer pin things down as to what is needed and how long it will take. Presumably you are paying him to advise you and I would rely on that advice unless he gives you reason not to.
Answered on Mar 11th, 2014 at 11:51 PM
Edwin K. Niles
I would agree with your assessment. Can the lawyer explain himself?
Answered on Mar 11th, 2014 at 11:51 PM