Seeking Brazilian Family Lawyer (Estate / Inheritance)

@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

@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...

Please consider the YouTube channel titled “Invest and Inherit in Brazil” 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  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!

@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.

Peter - based on numerous YT videos I’ve 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.

@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.

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.

.

@Ipanema777

You are confusing income tax with IPTU, property taxes and Capital Gains Tax - but no matter, I am sure you mean well.

I have been living in Brazil for 18 years now, and, since 2007, have been involved with literally every aspect of the real estate business.  So I do have a great deal of experience in these matters, including immigration and estate planning.

I did say that there are quite specific occasions when foreigners are treated differently from Brazilians, and you mentioned the one I assume you are aware of - very large tracts of agricultural land - but there are others as well, such as proximity to military bases.

You are correct that I incorrectly wrote IPTU instead of IRPF (“income tax”, which I stated explicitly).

I’m sure that you mean well too.

What I meant was that I am sure you had no intention to mislead - but in any case we are being distracted from the OP's question, which was about estate planning.

A remote attorney can certainly be paid to give advice, but at some time you will need to have face to face interaction (perhaps several), especially if investments and real estate are involved. Nobody can act on your behalf without the relevant Power of Attorney - and for that you will to visit a notary near your attorney, or, more likely, they will want to visit one near you. Not only for the signatures, but also to request various certificates to verify everything.

So a suitable local attorney would be more cost effective than one a long flight away...