About Holger Siegwart Mr. Siegwart was born and raised in Southern Germany where he practiced law with an international firm for almost a decade before he relocated to the United States. He started practicing law in the U.S. in 2007 and established his own firm in 2010. The experience of living and working in both countries, and the practical understanding of both societies and their legal and administrative systems, have become invaluable assets for his clients. Mr. Siegwart serves as a retained expert and expert witness in the U.S. on German law and in Germany on U.S. law. He is one of very few attorneys who are not only licensed in both countries but actually practice in courtrooms in both countries. SIEGWART GERMAN AMERICAN LAW specializes in connecting both worlds. Every case the firm handles has a German and an American connection. One main focus of the firm’s practice is the settlement of German-American estates and German-American estate litigation. foreign law slows down proceedings significantly. Parties and counsel being in different countries and time zones, unable to appear on short notice (remote appearance are generally not available for this type of proceedings at this time) causes additional delays. German civil procedure and probate procedure do not provide for discovery as we know it in the United States. This means that opposing parties do not have to respond under oath to interrogatories or requests for admission and production of documents, nor can the parties subpoena records. There are no depositions under oath outside the courtroom. Witnesses and parties testify in the courtroom as the case proceeds questioned by the judge and counsel. The testimony is not always given under oath nor is it recorded verbatim. Witness testimony in civil and probate proceedings in Germany is not as thorough and detailed as a deposition in the United States. These factors have a major impact on the evidentiary strategy in a disputed case, as a case that is winnable in the U.S. may not be winnable in Germany and vice versa. It is critical for parties and counsel to understand and evaluate the effect of these factors on the outcome of a case at an early stage. The business of winding up an estate can be challenging for all concerned. This is the case for most estates, but it can be particularly so for those estates that include an international or crossborder element. What are the key issues to be kept in mind when dealing with cross-border estates between Germany and the USA? Both substantive law and procedure are systemically different in both countries. It is important for claimants to be proactive as soon as they become aware that they may have a case, particularly if hostile parties have taken possession of the estate or relevant evidence. This is also to determine whether an estate is indebted and the inheritance should be disclaimed. In disputed cases, U.S.- based claimants should demonstrate from the outset that they are able and willing to litigate the matter in Germany if necessary. Attorneys drafting estate plans for clients with assets or a future inheritance in Germany must not only be aware that German succession laws do not recognize trusts, but also consider German forced share claims and German inheritance tax, which will lead to unintended results if not addressed properly. WWW.LAWYER-MONTHLY.COM 21 Holger Siegwart, Esq. Rechtsanwalt and Attorney at Law Licensed in California and Germany SIEGWART GERMAN AMERICAN LAW, INC. San Francisco Airport Office International Trade Building 1799 Bayshore Highway, Suite 150 Burlingame, CA 94010, U.S.A. Tel: (001) 650 259 9670 F (001) 650 259 9682 mail@siegwart-law.com www.siegwart-law.com
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