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Seeking Brazilian Family Lawyer (Estate / Inheritance)

zens

Hi all - I鈥檓 looking for a competent, trustworthy Brazilian family lawyer to help me understand and navigate family sucess茫o and heran莽a matters in Brazil (what you鈥檇 call estate planning in the U.S., although I鈥檓 aware of the fundamental differences between U.S. and Brazilian laws). Ideally someone who speaks English or is patient with non-native speakers.


I鈥檓 based in Minas Gerais but open to remote. Grateful for any personal recommendations. Feel free to reply or message me directly. Thanks!

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mberigan

@zens


Trustworthy lawyers come mainly via good connections, often family connections. Best of luck to you in finding somebody that meets your needs.


mberigan in PB

Peter Itamaraca

@zens

It would be much better for you to find someone local to you, as I can foresee the work entailing visits to a notary where you have your signature registered - especially if there is any real estate involved...

Ipanema777

Please consider the YouTube channel titled 鈥淚nvest and Inherit in Brazil鈥 featuring tax attorney Carla Padilha. Her videos are short, focused, and informative. Her WhatsApp number is +1-646-418-2541. I have used her for a consult and it was well worth it.


I agree with @zens regarding finding a local attorney. But small town attorneys in Brazil generally are not familiar with tax and property law regarding聽 dual citizens or non-Brazilian citizens. In this case a consult with Carla (or similar attorney) would be a smart idea.


My comments are based on my experience living in and buying a home in a small town in MG.


Good luck!

Peter Itamaraca

@Ipanema777

Good points, but Brazilian attorneys will only be able to advise on Brazilian law as it applies within Brazil - dual nationality, etc is irrelevant here.

Ipanema777

Peter - based on numerous YT videos I鈥檝e watched there are Brazilians who have migrated to the USA or other countries, retained their Brazilian citizenship, gain citizenship in the new country, and subsequently have property issues in Brazil. Usually due to inheritance or estate settlement. The attorney I mentioned specializes in this area but also income taxes for foreigners in Brazil or dual citizens who reestablish tax residency in Brazil. In this case, Brazilian tax law targets both income and assets outside of Brazil. So, I respectfully disagree.

Peter Itamaraca

@Ipanema777

We are both saying the same thing - Brazilian attorneys can only advise about Brazilian matters as they pertain to Brazil, whether the client is Brazilian, a foreign national, holds dual nationality, lives in Brazil or another country.


Brazilian law applies equally to everyone (with very few, specific, differences), so it does not matter who you are or where you are from or are living.

Ipanema777

Peter - a Brazilian citizen who has legally become a tax resident of another country is not subject to Brazilian law re: income tax (IPTU) unless the income is sourced from Brazil.


Regarding property taxes due to home sales, inheritance, and estate settlement, an attorney with expertise in the tax consequences for a non-tax resident is probably a good idea beyond - and in addition to - simply using a local attorney.


To actually complete the property transaction a local attorney is a good idea, but it is not legally necessary (I did not have to in MG).


Also, Brazil has special laws that apply to and limit large property (land) purchases by non-citizens who, in this case, are not treated equally.


So, we are not saying the same thing.

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