Legal Question in Wills and Trusts in Washington
My parents are both resident aliens and in their wills they have named each other as beneficiaries, and after both are dead my sister and I are named as beneficiaries - and we are also resident aliens (both married to U.S. citizens). Does the fact that we are all resident aliens make us subject to different inheritance/gift/death taxes than U.S. citizens? If so, what are those differences and tax rates?
Thank you.
1 Answer from Attorneys
Some of the factual background that you write about is not clear. I thought that marriage to a US citizen conferred US citizenship on a non-citizen. I also believe that all children born on American territory are citizens regardless of their parents' citizenship.
In any event, the laws governing the capacity to inherit and inheritance taxes are not subject to change based on citizenship in any circumstances that I am aware of and I have been a lawyer since 1975.