ESTATE IN FINLAND WITH BANK ACCOUNT IN USA
REQUIRING ANCILLARY PROBATE PROCEEDING IN SURROGATES COURT  

I represented the son of the decedent who had a sister. The mother was a citizen of Finland. She lived in Finland. She had two children: the son and the sister. The mother did not have any other children either by marriage, or outside a marriage, and she never adopted any children.

The mother executed a Will in Finland which was processed by a lawyer in Finland. All the assets pursuant to the Will were to be distributed to the son and to the sister, 50% each, as directed in the Will.

The only assets in New York were two accounts. There were stocks and bonds in an account at a brokerage firm valued at approximately $150,000. That account named the son and the sister as beneficiaries. Because there were specific beneficiaries named, no Court proceedings were necessary and no lawyer required. That account was closed and the money distributed to the son and the sister. Ancillary letters were not needed to be filed in Court for that account.

The second account was a Merrill Lynch account, for which Ancillary Letters were needed to close the account because there was no specific beneficiary named therein. The beneficiaries were in fact the son and the sister, pursuant to the Will executed in Finland. The value on the date of the mother’s death was approximately $25,000 and the value on the date final distribution was made was approximately $30,000.
The Merrill Lynch account was the only New York asset for which Ancillary Letters were needed so that the Court could appoint an Executor to have authority to close the account and distribute the money.

I had to file an Affidavit of Foreign Law in the Surrogates Court to explain to the Court the law in Finland and to establish that the foreign laws were all followed correctly. The following Affidavit (names withheld and changes for context herein) was furnished, which sets forth the law and procedure in Finland:

ESTATE IN FINLAND

XXX,  an attorney duly admitted to practice law in the country of Finland, affirms the following under penalty of perjury:
I am licensed to practice law in Finland, and am familiar with the laws and practices of Finland regarding Wills and Estates. I have handled many estates involving Finnish citizens. I was contacted by the heirs of the decedent, to become the executor of the estate inventory.  According to Finnish law you have to arrange the estate inventory within three months of the date of death. It is a duty of the distribute(s), who are the beneficiaries of the death estate to do this. Herein it was the responsibility of the two surviving children and beneficiaries under the Will, to do this. Herein, the heirs appointed both myself and my secretary, as the executors. There must be two executors, who need not be lawyers.

When making a deed of inventory the executors verify the family tree to make sure that, like in this case, all children are invited to the estate inventory proceedings. The estate inventory of the decedent has to be examined by the city administrative court to make sure that there are no other children or other heirs or other beneficiaries in this death estate. A stamp of the city administrative council (for example: Lounais-Suomen maistraatti) is applied on the first side of the deed. This means the deed now has public trustworthiness; meaning that there are no other members in this death estate of the children other than her two children . The fee of the city administrative council in this case was 73 euros.

The executors of the death inventory make a list of the property and the debts of the deceased. When the list is ready, the person, who knows the situation best, must sign an affidavit, stating that he/she has set forth all of  the property and debts for the estate inventory and that he/she knows of no other assets or debts and is not hiding or concealing or withholding any information. The executors then sign the estate deed confirming that they have listed all the property and the debts they have been advised of, and have set forth according to their best understanding. The deed is given to the tax authority. This must be done within one month after the inventory and it was done by the attorney executor in this case. The fee of the executors is not determined by any rules or statues. It is the normal and customary fee for the services provided that is charged and paid.

The decedent had written a Will in which she ordered that her children as her legal heirs get all her property. The spouses of the children do not get marital right to this property or the profit. The decedent also ordered in her Will that she wanted cremation and that her grave be taken care of at least for 25 years paid with the money taken from her death estate. A local advocate and a friend of the decedent  acted as the required two witnesses to first verify the identity of the decedent, and then to represent that she had ordered this all by free will and is competent to do so and then to state that this is her last Will and then signed the Will by her own hand, with both witnesses observing said signing while all are present.

According to Finnish law of inheritance the Will is not probated. The beneficiary under a will only must inform the heirs. Then if the heir wants to contest the will, (s)he has to take legal action in the Court within six months after getting informed, that there is a Will. The heirs sign a document stating that they were notified. No executor needs to verify. The heirs admit they got certified copies of the will and that they accept the will and that they do not take legal action to the Court for any reason and so the will is legal at once. This was done in this case.
The heirs of the decedent are the same people as the beneficiaries of her will. This Will provided  that the heirs or two children are the beneficiaries; that no benefit  go to the spouses of said two children, in that they have no marital right to this property; and that her grave will be taken care of for 25 years. All of this was provided for under the Will properly pursuant to Finnish law, and it was so accomplished pursuant to Finnish law.

I received written confirmation from the former spouse and father of the two children beneficiaries herein, to satisfy me that he was aware of the estate inventory, and that he did not object to estate inventory or wish to participate in it. He advised that even if he and the decedent  were married according to Finnish law at the moment the decedent died, the distribution of the matrimonial assets had been done. So he isn´t a distributee of the death estate pursuant to Finnish law and in any event he made no claim nor did he wish to.
Based upon the above I am satisfied as the executor and an attorney that there was no dispute to this Will and everything was done properly pursuant to Finnish law.

The heirs have the right to distribute the death estate of the decedent and to write a deed of estate distribution. They are required to both sign it and they also need two witnesses, who verify that the signatures of the heirs are original. According the Code of Inheritance this is sufficient, when there is no dispute between the distributees. If they have a dispute and/or cannot make a private agreement, they can ask the Court to order the appointment of an executor for the distribution to the estate.
The Court was not asked to intervene in this case because to my knowledge and information there has not been any dispute between the son and the sister in this case.

I have been the executor of the deed inventory. Thereafter, via power of attorney of the son and sister to me, I sold the  shares of stock that the decedent had owned. I don´t know, if the estate distribution of the decedent has been completed as that is the responsibility of the son and the sister. I assume that there is no dispute because I have not been so informed. In addition, if there was a dispute I would have been contacted to ask the Court to order the appointment of an executor for the distribution to the estate.
I have been asked to furnish this affidavit to confirm that everything has been done properly pursuant to Finnish law, and it has. If there was a dispute, I am sure that this would have been communicated to me.

It is customary in Finland for a provision to be put in the Will  for the maintenance of the grave for a certain number of years as was done herein. The sum of 3500 Euros was allocated for that purpose and is to be completed by the son who is a beneficiary.
I make this Affirmation aware that the Court  is relying upon same. It is my understanding that there are assets in the USA that need to be distributed and that this is the purpose of the Court proceedings in the USA.

Written by Robert Alan Saasto, Esq.
President FALA