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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 37032
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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What estate planning solutions are available to non-us non-resident

Customer Question

What estate planning solutions are available to non-us non-resident aliens with significant real estate assets in the US?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question.

Generally estate planning would not be provided for you in the US, since whatever nation that would handle your probate would also handle the US holdings--a non-resident does not go through probate in the US. However I would very strongly suggest that the real estate assets be moved into a formal trust as that would make the receivership and inheritance private, and it would also be far easier to handle for a trustee from outside the US. This would smooth out the process since items in trust do not go through probate but are instead disbursed based on the agreement and clauses of the trust document itself.

Good luck.
Customer: replied 2 years ago.
When you say items in a trust do not go through probabte, does this have implications for estate taxes due by non-us inheritors? I cant expect a lawyer in my home country to help me with US estate tax planning. Wouldnt I need a US based lawyer for that?
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your follow-up.

We may be somewhat miscommunicating. If you are not a US citizen or local resident, there is no US estate tax planning because it is the country where the person has citizenship is the one that governs probate, NOT the United States. The estate taxes due are based on your country's tax code, not the US, and if items are in trust there are no US tax probate taxes or tax implications on that property.

Good luck.
Customer: replied 2 years ago.
"Deceased nonresidents who were not American citizens are subject to U.S. estate taxation with respect to their U.S.-situated assets." this is a quote from IRS website. How can you tell me that there are no US estate tax implications for real estate I own in the US? What am I misunderstanding here?
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your follow-up.

If the items are in trust, they are not subject to US estate taxation, and that is what I am attempting to state to you. My apologies if I am being unclear.

Good luck.
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 37032
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
Dimitry Esquire and 2 other Estate Law Specialists are ready to help you
Customer: replied 2 years ago.
I needed one small clarification. What type of 'trust' are you referring to that would make assets not subject to US estate tax?
Customer: replied 2 years ago.
I needed one small clarification. What type of 'trust' are you referring to that would make assets not subject to US estate tax?

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