Legal Question in Wills and Trusts in Florida
I am an American citizen who has been living in Europe for the last 25 years with all my assets in the United States. I would like to create my first will, leaving everything to my two young children (who have double citizenship like me) upon their 30th birthday. Which kind of will is appropriate for my situation?
3 Answers from Attorneys
Are you planning on dying before they reach 30?
A will would not be best in these circumstances. You will need to create a trust as the trust can pass the inheritance on to them at a certain age and while you are still alive. A will only disposes of your assets once you are deceased. If you would like to discuss this further, please contact my office at 904-371-3538 or email me at [email protected].
There are just too many things you need to consider including: a. Income taxation; b. estate taxation; c. elective rights of spouse if any; d. Alternate methods of holding through securities and entites to avoid branch profits taxes; e. Tax treaties with your current place of residence; f. Gift taxes; and many more.
You need to discuss this with both your tax advisor in the foreign country in which you are located and a competent Estate and Tax practitioner here in the state of Florida. If I can be of any help please make contact, but don't try to do this on your own, whatever you do!