My sister was a US citizen and died last year. Me and my brothers are the only legal heirs. We have iniciated the probate process (no will was found). I am from Peru and live in Peru.
Since I am older, I am very concern about if something happens to me during this process.
Is there something I can do to secure that my 2 daughters receive the part that corresponds to me without the need of opening an other probate process if I pass away?
You appear to be asking how to ensure that your children inherit from you whatever assets you inherit from your Sister's Estate.
The Short Answer is that to ensure the transition you should have a Will and/or Trust that incorporates not only property in your possession at the time of its writing but all "after-acquired" property as well. In short, you may ensure a smooth transition by making sure that your own estate is in Order. It may be necessary to have such a Will and or Trust drawn up on Peru then deposited here in the United States with an Attorney who would probate the Will or honor the Trust once you pass.
I hope this information was helpful. Best of luck.
You state that you live in Peru. Assuming that the assets are located in the US you may want to consult with a local estate planning attorney to evaluate your situation. You may want to consider a trust, so that you can avoid the probate process.
Since the question appears to have been asked with Chicago as a point of reference, I will assume that your sister lived in cook county, Illinois. Also assuming that your sister was not survived by a spouse, any children, or either of her parents, and died without a will, then as of the moment of her passing, you and your two brothers each became entitled to one third of your sister's net estate. Nothing more than opening a decedent's estate for your sister is required in Illinois. If you pass away before your sister's estate distributes its assets, your heirs will receive your portion. As to Peru law, you will need to work with a Peruvian attorney.
You need to consult with an estate planning attorney focused in drafting trusts. I cannot recommend enough that you consider drafting a living trust for your estate in order to avoid international probate, which usually incurs lots of attorney fees. You are also more likely to incur federal estate taxes because the unified credit exemptions are greatly lowered if you are not a US citizen. The facts of the estate and the facts of your family greatly influence all of this, which is why you need to consult that attorney.
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As far as Illinois probate, you should discuss 755 ILCS 2/1(d) with your attorney. That section of the Illinois Probate Act discusses intestate distribution to the descendants of a deceased sibling (essentially, if a sibling would take a distribution but dies, the share passes on to his or her children without need for a new court process). This section will probably provide the news you are looking for, but again, you need to discuss it with your attorney who knows the facts of your case.
Note that if you do take the distribution (the money becomes yours) and then you subsequently pass away in Peru, then your Peruvian Estate Plan (to be discussed with a Peruvian attorney) would determine where funds would pass.
The citations and statements provided are broad and informational in nature, intended for the general public, and are not legal advice. They are not tailored to any individual situation and no attorney-client relationship exists or has been formed herein. You are advised that you must consult with your own attorney for any legal advice.
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