Legal Question in Wills and Trusts in Arizona

Estate tax consequences of second to die when spouse is non-US citizen

Here's a question that's been puzzling my spouse and me. We're in our mid-50s with a net worth together of close to $1 million. Both in good

health, no children. Any beneficiaries to our estate will be our siblings, most of whom are well off and self-sufficient. He is an

American citizen, I am Canadian (have had a permanent green card since 1993). Will having a will cover our needs or is it advisable to have a

living trust? I'm mostly concerned about my husband dying first and my

having to give a lot of money to Uncle Sam (I understand I'd only be eligible for $160,000 tax free), leaving me a much reduced net worth. Any

suggestions?


Asked on 9/27/06, 6:31 pm

2 Answers from Attorneys
Gerd Zimmermann zimmermann nielsen & colleagues

Re: Estate tax consequences of second to die when spouse is non-US citizen

Without knowing additional data, you should look in the treaty between Canada and the US, decide where the asstes are located,and why are younthinking you have only an allowances of $ 160,000. This is incorrect.

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Answered on 9/27/06, 8:00 pm
James Jenkins Jenkins Law Center PLC

Re: Estate tax consequences of second to die when spouse is non-US citizen

You may request a free copy of my audio CD, "Your Estate Plan" at 480.835.1500.

Spouses have an unlimited deduction, but you may want to design a plan that includes a trust to avoid probate and provide for you and your husband if either of you becomes ill or incapacitated.

Best regards,

James D. Jenkins

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Answered on 10/02/06, 2:53 pm


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