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Old 28.12.2011, 04:05
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Inherited Jointly Owned Swiss Property

Not sure where to post this question. . .Does anyone know of a website that might explain Swiss law pertaining to inherited Swiss real estate; specifically, inherited property that is now jointly owned by a brother and sister. . .the sister is single and the brother is married with adult children. If the brother pre-deceases the sister, does the sister automatically own all the property, or does the brother's share go to his widow and adult children?
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Old 28.12.2011, 07:27
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Re: Inherited Jointly Owned Swiss Property

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Does anyone know of a website that might explain Swiss law pertaining to inherited Swiss real estate; specifically, inherited property that is now jointly owned by a brother and sister. . .the sister is single and the brother is married with adult children. If the brother pre-deceases the sister, does the sister automatically own all the property, or does the brother's share go to his widow and adult children?
If the brother dies and hasn't written a will his wife and children will inherite his share of the property.

start reading at page 26 this pdf file: http://www.bj.admin.ch/content/dam/d...eherecht-d.pdf
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Old 28.12.2011, 08:31
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Re: Inherited Jointly Owned Swiss Property

However, the brother could make a will giving (maximum) 1/4 of his estate to the sister, and if 1/4 would exceed the value of his half of the house, he could specify that she get his part of the house as part of her share.

Also, if the sister remains unmarried and dies first, her part will go to her parents if alive, her brother if not.

Tom

P.S. This assumes that you are Swiss, and or living in Switzerland, which looking at your other posts seems NOT to be the case, in which case your local laws apply, rather than Swiss laws!
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Old 28.12.2011, 11:20
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Re: Inherited Jointly Owned Swiss Property

Hi Lorelei

In your example, the property belongs to brother and sister half each. When one of them passes away his or her spouse (50%) and children (50% divided by the number of siblings) inherit his or her share (50% of the property) to 100%, unless there is a legally valid will that rules otherwise. In this case, the spouse and the children still have the right to the statutory share, which is half of the legal share.

I cite from the swiss law of succession.

"Bei ausländischer Staatsangehörigkeit
Sind Sie Ausländerin oder Ausländer und wohnen in der Schweiz, dürfen
Sie mit einem Testament oder einem Erbvertrag bestimmen, dass Ihr
Nachlass nach den Regeln Ihres Heimatrechts verteilt werden soll. Fehlt
eine entsprechende Anordnung, findet das schweizerische Erbrecht
Anwendung."

Which means if the property is here and the domicile of the brother and sister too, Swiss law of succession applies, unless he or she has ruled otherwise in his or her will.

Hope this helps.
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Old 28.12.2011, 16:10
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Re: Inherited Jointly Owned Swiss Property

Thank you for your response to my question. The brother and sister reside in the U.S. and are U.S. citizens. Since the property is located in Switzerland, I assume Swiss laws of succession will apply when one of the co-owners die.
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Old 28.12.2011, 16:12
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Re: Inherited Jointly Owned Swiss Property

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Thank you for your response to my question. The brother and sister reside in the U.S. and are U.S. citizens. Since the property is located in Switzerland, I assume Swiss laws of succession will apply when one of the co-owners die.
No, they only apply only if the person who dies lives in Switzerland.

Tom
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Old 28.12.2011, 16:18
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Re: Inherited Jointly Owned Swiss Property

Thank you. I will try to find information about U.S. laws of succession.
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