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International Estate Planning

Do you live in the United States and own assets (real property, investment accounts, etc.) in another country (or on tribal lands), or do you live in another country and own assets in the United States? If so, it is important to have an integrated estate plan that addresses laws and assets in both jurisdictions. Otherwise, your assets may be exposed to unnecessary taxes or lost altogether. Here are some things you may want to consider if you answered “yes” to either of the above questions:​
  • The language of most wills or trusts revokes all prior estate planning documents. So, if you have had estate planning done in two or more countries, one or more plan may no longer be valid. Alternatively, maybe you only have one set of estate planning documents, but they don’t comply with the laws in the other jurisdiction (for example, many countries don’t recognize revocable trusts, which are very common in the United States).
  • An international will can usually address these and other issues. Most countries are part of a treaty that recognizes these types of wills. We work with attorneys licensed in each pertinent jurisdiction to ensure that your plan is coordinated and addresses any issues particular to each jurisdiction.
  • If you are not a US citizen and either don’t qualify as a resident or pass away while you are abroad without proper estate planning documentation in place, any assets over the current $60k exemption amount would become subject to a 40% estate tax. With proper planning, that exemption would jump to $5.45 million (in 2016) or higher.
Our attorneys at Inter Vivos can walk through these and other issues that may affect your assets. We speak a variety of languages and have a network of attorneys and other professionals both in the US and abroad. If you have questions about international planning, give us a call.

E-book: "Estate Planning For Aliens to Natives & Everyone In Between"

If you own property outside of the United States or governed by foreign law, that property could be at risk if something happens to you. Our upcoming E-Book, "Estate Planning for Aliens to Natives & Everyone in Between" discusses important planning considerations for anyone with property abroad, property on Native American Tribal Lands, and/or anyone who has emigrated to another country. In today's global economy planning is extremely important for anyone with multi-national connections.

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