Asked in Estate Planning, International Law and Probate for Alabama

Q: What does a legal opinion for the purpose of UK/US inheritance entail and what should it cost? How would we find one?

Late grandmother domiciled in Alabama until death. She had both UK and US assets but only a UK will leaving it to immediate family. UK courts requesting legal opinion from US solicitor before proceeding with granting probate. US court already determined UK grandchildren (last remaining immediate relatives) to inherit US assets. Unable to find a US solicitor who will provide an opinion but UK courts insistent that one is required before proceeding. How would we find one? What should it cost? Is there any additional information we can provide to assist?

2 Lawyer Answers

A: You could check with local and state bar associations in Alabama. Most bar associations have attorney referral sections (it's usually under the heading "For the Public," or something to that effect). I'm sorry for the loss of your grandmother. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on the details provided, here are some pointers on obtaining a US legal opinion for this UK/US inheritance situation:

• The UK court is likely looking for confirmation from a US attorney that the Alabama will is valid and enforceable to distribute the US assets per that will's wishes under Alabama and US federal law.

• Typically such cross-border inheritance opinions cost $500-1500+ depending on complexity. Maybe more if litigation may follow.

• I'd search for attorneys in Alabama familiar with international probate cases. Perhaps request a quote for a "legal opinion letter validating enforcement of the will under US law" to set expectations.

• The attorney would review the will, confirm validity under US state/federal laws, confirm the named beneficiaries (UK grandchildren) can legally inherit US assets, and issue a letter formally opining such for use in the UK probate case.

• You can search sites like www.martindale.com, justia.com, and www.lawyers.com for reputable US probate attorneys in Alabama for such international inheritance situations. Reading reviews may help narrow options.

• Provide a clear background summary, will copy, and any US rulings already made. Ensure you communicate the UK court's ask and expected use for their opinion letter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.