How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 44421
Experience:  29 years of experience as a tax, real estate, and business attorney.
Type Your Tax Question Here...
Richard is online now
A new question is answered every 9 seconds

I am a non citizen spouse and husband passed away. What are

Resolved Question:

I am a non citizen spouse and husband passed away. What are my rights regarding our properties and accounts. I heard about QDOT? But it seems so complicated. Do I have the option to pay taxes and leave the country as I don't have family here? What about his IRA in which I am the beneficiary.
Submitted: 10 months ago.
Category: Tax
Expert:  Richard replied 10 months ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. Did your husband have a will? Do your husband have any children...either with you or with someone else? What is the approximate value of his estate? Thanks.
Customer: replied 10 months ago.
My husband has a will and he left some properties to me and some to his three children from previous marriage. We don't have any . One of his children died and the will has not been updated since 2009. His two sons are the executors of the will. I believe it is over a million including bank accounts, investments, IRA and properties. What about the house which is under both our names and joint bank accounts? Does it go to the estate even there is right for survivorship?
Expert:  Richard replied 10 months ago.
Thanks so much for your reply. Any properties that are owned as joint tenants with right of survivorship or as tenants by the entirety pass automatically to the survivor. Any joint accounts vest automatically in the surviving joint owner. Any insurance policies, accounts, and retirement accounts with a designated beneficiary, including the IRA, pass directly to the named beneficiary. Only the other assets, which would be considered probate assets are covered by the will. You are entitled to your share of the probate assets and any of the other assets I mentioned above where you are the joint owner or named beneficiary.


There will be no Federal or state estate or inheritance tax because you are under the Federal limit and WV does not have an estate or inheritance tax. The IRA will be subject to tax when liquidated because it was not previously taxes (unless it is a Roth IRA).

Pursuant to the IRS Tax Topic at the following website regarding an IRA inherited from a spouse (http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/Retirement-Topics---Beneficiary):

"Inherited from spouse. If a traditional IRA is inherited from a spouse, the surviving spouse generally has the following three choices:
Treat it as his or her own IRA by designating himself or herself as the account owner.

Treat it as his or her own by rolling it over into a traditional IRA, or to the extent it is taxable, into a:
a. Qualified employer plan,
b. Qualified employee annuity plan (section 403(a) plan),
c. Tax-sheltered annuity plan (section 403(b) plan),
d. Deferred compensation plan of a state or local government (section 457(b) plan), or

Treat himself or herself as the beneficiary rather than treating the IRA as his or her own.
If a surviving spouse receives a distribution from his or her deceased spouse's IRA, it can be rolled over into an IRA of the surviving spouse within the 60-day time limit, as long as the distribution is not a required distribution, even if the surviving spouse is not the sole beneficiary of his or her deceased spouse's IRA."



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 10 months ago.
I would just like to ask again if this is for a non citizen surviving spouse? Do I need to get a lawyer here in our city to guide me through? I really appreciate your answer sir . And I am very satisfied. Thank you so very much!
Expert:  Richard replied 10 months ago.
You are still entitled to this even though you are a non-citizen. Yes, I would suggest you get a lawyer to make sure you get what is rightfully yours. Otherwise, you would won't have anyone specifically looking out for your interests.

And, thanks so much for the kind words...it's been my pleasure to help!
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 44421
Experience: 29 years of experience as a tax, real estate, and business attorney.
Richard and 3 other Tax Specialists are ready to help you
Expert:  Richard replied 10 months ago.
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    566
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    566
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3046
    10+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3103
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    CPA, CMA, CFE

    Satisfied Customers:

    3257
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2679
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2219
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.