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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55447
Experience:  29 years of experience as a tax, real estate, and business attorney.
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I am a non citizen spouse and husband passed away. What are

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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.
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 4 years 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?
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 (,-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 4 years 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!
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's been my pleasure to help!
Richard and 2 other Tax Specialists are ready to help you
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!