[skippyboy64]

My wife is sole air to her families estate in Germany. She is worried that her brother who was the last that owned the estate, may have more debt than the estate may be worth. My wife is a legal resident of the USA with a resident alien card (green card), she has been here in the USA for 27 years. My wife is worried if he has more debt than the estate is worth Germany may come after her here in the USA or try to garnish her wages. Are you able to answer this question for us? My wife is very worried. Thank you.

[AK lawyer]

I can't say for sure how German law addresses this issue, but if it's anything like the law in the U.S. the mere fact that she is a potential heir of her late brother doesn't make her liable to creditors of the decedent.

I assume she is a German citizen. Thus, perhaps, the creditors could sue her in Germany and try to enforce a resulting judgment in the U.S. But I think that would be highly unlikely and, as I say, it is also unlikely that the law in Germany would allow that either.

[Fr_Chuck]

There are procedures to collect foreign debt, within the United States, it is not easy and seldom done.

Who is handling the estate, to sell off property and pay debtors ?

[ScottGem]

She may be forced to sell the estate with all the proceeds going to creditors. But it is unlikely she will be held personally responsible for the debts of the estate over and above the value of the estate. Even mortgages would end with the estate as long as she is not a signator.