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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Id like to be directed to an expert in USA law. When I suscribed

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I'd like to be directed to an expert in USA law. When I suscribed I didn't realize that you are the Rep of Ireland. Can you help me?

Kind regards

Welcome! Thank you for your question.


I am a US legal expert. What state is the real estate property located?
Customer: replied 4 years ago.

Hi John,

thank you for contacting me so soon. The service is really very good.


This house is located in Rome (Italy) and it title to my name for 50%. The other half is titled to my first husband. Very soon I will get married in New York City and I would like this property to go entirely to my only daughter being something I build before this second marriage. I wrote a will expressing this wish in case something should happen to me. According to Italian law, if my new husband does not renounce, my daughter will receive only 3 thirds of the property, otherwise, if he does,my will is taken into consideration. What about in New York State?

The real property in Italy is controlled by Italian law and not US law regardless of where you live. Even if you are living in NY State, to assure that the house passes to the person that you wish you have to have a Will and renunciations according to Italian Law.

You will likely also need a will that is proper in NY State to control any assets that you will own in the US. US assets would include bank accounts, investment accounts and personal property located in the US. I am happy to follow up with some information regarding the requirements for a handwritten will in NY.

I will caveat that if you are an Italian citizen living in the US then your situation is particularly complex. Even if you do not have a tremendous amount of assets you could have an situation where estate tax occurs in both countries on all your assets. You really need to sit down with an experienced estate planning attorney that can review US/Italian Tax Treaties to determine how to best structure your estate to avoid a tremendous amount of double taxation.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,


John Elder and 2 other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.



really thanks a lot for the information on double taxing... I hadn't thought of it at all since it will take quite a long time till the US will grant me a resident visa to join my husband there and be able to work in the country. Only then (my husband will try for citizenship but, at the moment, he is only an old resident in NY and therefore it will take 2 years and a half at least to be able to join him) so... as I was saying, only then I will leave Italy and my job here. I found out that there is a bilateral agreement between Italy and US for pension contributions: year worked in Italy and years worked in US can be simply totalized. But I didn't know about declaration of taxes. I presumed that if I'm working in the USA I will be paying income taxes there and I will be taxed by the US for my period working there. But it seems it's not like that.

Thank you very much for your hint...


Kind regards