Estate Tax and Gift Tax Planning With a Non U.S. Citizen or Non Citizen Spouse

Non-resident and non-citizen estate planning

Estate planning can get especially complex if either you or your spouse is not a U.S. citizen. For example:

• Federal estate and gift tax laws impose certain onerous restrictions on non-citizens (even if the non-citizen spouse has a “green card”).
• Outright gifts during your lifetime to a non-U.S. citizen spouse –  including joint ownership of real estate, stock, and bank accounts – can trigger gift tax problems immediately.
• Likewise, gifts at death may not qualify for the “unlimited marital deduction.” Your unsuspecting widow or widower may be forced to pay hundreds of thousands of dollars in estate taxes shortly after your death.  

Knowledge and expertise to avoid pitfalls

And the situation is worse if either you or your spouse is a non-resident alien (or if s/he decides to move back “home” after your death, whether the “green card” is surrendered or not).  

Even if your estate is relatively modest, the effects can be devastating.  Few estate planning lawyers have the knowledge and expertise to avoid the pitfalls – and seize the unique advantages available – in these situations.  Janet does.

Responsive, straightforward approach

If you want a responsive, straight-forward approach to estate planning from an experienced estate planning professional and you live anywhere in the greater San Francisco Bay Area, San Jose, Silicon Valley, or Santa Cruz County, please phone Janet now at (650) 325-8276.