Legal Question in Wills and Trusts in California

Taxation liability on Inheritence by non-US citizens.

My father who died three years ago in his will left 50% of the value of his house to me and 50% to his second wife together with the right of abode until the date of the sale. The house was sold earlier this year and I received a copy of the Settlement Agreement dated August of this year. This clearly stipulates the amount due to me. The Executor of the estate is my late father's wife and her Attorney informed my Attorney that distribution of my share can not be made as there may be a withholding requirement as I am not a US citizen.Over the last four months I have not been able to get any further information. Can you give me any indication what would be reasonable time to wait to resolve what appears to be a fairly straight forward calculation if I should be liable for taxation. Alternatively if there is a contact telephone number that would assist me with tax related problems in the San Diego area. Thank you for your assistance.


Asked on 12/13/04, 9:15 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Taxation liability on Inheritence by non-US citizens.

Your attorney should be able to tell you. If that attorney needs a estate tax specialist with foreign implications, contact me for a referral.

Joel

JOEL SELIK

Attorney at Law

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Answered on 12/13/04, 9:52 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Taxation liability on Inheritence by non-US citizens.

SEE:

http://www.irs.gov/pub/irs-pdf/p515.pdf

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Answered on 12/13/04, 11:55 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Taxation liability on Inheritence by non-US citizens.

I am not sure what the issue is. Call me directly at (619) 222-3504.

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Answered on 12/13/04, 1:21 pm


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