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Anyone with any basic knowledge about wills in Brazil?

Last activity 23 March 2024 by Peter Itamaraca

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rraypo

How do we determine what will happen to our "stuff" in Brazil when we pass away?  Things like money, bank accounts, cars, homes, or apartments? Is there a simple will in Brazil or is this also a big, long-drawn-out, bureaucratic mess requiring attorneys, etc.?

abthree


03/22/24    How do we determine what will happen to our "stuff" in Brazil when we pass away?  Things like money, bank accounts, cars, homes, or apartments? Is there a simple will in Brazil or is this also a big, long-drawn-out, bureaucratic mess requiring attorneys, etc.?        -@rraypo


@rraypo.  Ours was taken care of through our prenup (Illinois Law controlling) that was registered with our marriage at the Brazilian Consulate General in Chicago as our "Regime de Bens", and passed through to the local cartório when they recorded our Certidão Consular de Casamento, with the prenup info included, in their records and gave us a Brazilian Traslado de Casamento with the same information in return.  I realize that this is probably of little direct use to you, and will obtain some more relevant information.


I mention it mainly to alert members who already have estate planning, including prenups, in place, to remember to find a way to reconcile that information with whatever new Brazilian documents they develop.

Peter Itamaraca


    How do we determine what will happen to our "stuff" in Brazil when we pass away?  Things like money, bank accounts, cars, homes, or apartments? Is there a simple will in Brazil or is this also a big, long-drawn-out, bureaucratic mess requiring attorneys, etc.?
   

    -@rraypo


I know many people who have gone to an attorney to make wills for their "stuff" here in Brazil. The law in Brazil is very different than in the US or Europe, and it is not always as easy as choosing who to will items to.


For example there are quite specific laws in relation to real estate in certain circumstances - 50% must go to your wife, 50% must go to the children, and you cannot change that.


It is really important that you use an attorney for estate planning, to ensure your wishes will be followed as much as possible.

Pablo888

@peter_itamaraca, this is a very important topic.  The challenge with bringing an attorney for estate planning is that laws are specific to a country and there are extremely few (none) competent international attorneys.


Is the recommendation to keep estates in different countries separate?

Peter Itamaraca


    @peter_itamaraca, this is a very important topic.  The challenge with bringing an attorney for estate planning is that laws are specific to a country and there are extremely few (none) competent international attorneys.
Is the recommendation to keep estates in different countries separate?
   

    -@Pablo888

Absolutely that would a good plan

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