Legal Question in Wills and Trusts in Pennsylvania

I am married to a dominican citizan women. I want to make her my sole benificary. Is that enough for her to reice my money when I die.


Asked on 2/27/13, 7:57 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

You have to do something in writing. If you're talking about an insurance policy, you have to name her as beneficiary on the insurance company's forms. Otherwise, you must write a Will naming her as the beneficiary of your estate. Don't do this yourself, because you may not satisfy the requirements for a valid will and then she will not benefit from it. See an estates lawyers in your area.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 2/27/13, 1:40 pm

I agree with Attorney Jacobson about naming your non-citizen US spouse as a beneficiary of your life insurance policy or a will. But it is not quite as simple as that. There are IRS rules about leaving money to a non-US citizen. You will really need to see an estate planning attorney who handles things like this. I don't know what assets you have, but it will be well worth having your estate plan reviewed and set up by an attorney now instead of you trying to do something and save a few bucks only for your wife to discover at your death that she owes a huge tax bill. She will not be happy if that occurs.

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Answered on 2/27/13, 3:32 pm


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