Legal Question in Wills and Trusts in California
Hello, thank you for the info on wills. I am wondering what is the right thing to do.
My mother has given me power of attorney and she wants to leave her one California home to my daughters who live in CA too. Mum lives in UK. But I dont know if I can do that in a will for her. She wants to skip a generation to avoid death tax. can you advise which will is correct for this situation? Many Thanks Ann
2 Answers from Attorneys
Is the CA property subject to death tax in the UK? If not, she probably doesn't have an estate tax problem in the US at least, since the individual exemption from estate taxes here is $5 million dollars.
At any rate, power of attorney notwithstanding, she should execute her own Will. I recommend that she consult and attorney (solicitor?) where she lives.
Mr. Cusack is wrong. California law considers real property in California to be subject to California probate and tax laws. Generation skipping bequests or trusts are very tricky under CA and US law. She needs to have the solicitor who is handling her estate planning in the UK contact a California estate planning attorney to coordinate her plan. Otherwise chances are 100:1 against her getting an estate plan that fits her needs and objectives.
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