Ideal Estate Planning for Non-US Citizen Spouses

When a married couple comprises of two U.S. citizens, the estate planning laws look at them differently than if one spouse is a non-U.S. citizen or if both spouses are non-U.S. citizens. Despite the fact that the differences may only impact the postponement of Federal estate taxes, the marital deduction set forth in the Internal Revenue Code may impact your estate plans. Generally, upon the passing of one wedded spouse, the living spouse does not have to pay prompt Federal estate taxes on property passed on between them if the living spouse

Attorney Steve Bliss Provides Living Trusts and Wills
Living Trusts and Wills

is a legal U.S. citizen. Known as the marital deduction, one spouse can give an unlimited amount of property or money to the living spouse as long as the living spouse is a U.S. citizen. On the other hand, the Internal Revenue Service (IRS) lays down a limit on the unlimited marital deduction for non-U.S. citizen, living spouses. Because the tax rules point out particular issues that spouses must satisfy when passing on estate property at passing between U.S. citizen spouses or non-U.S. citizen spouses, it is mainly important for them to consult a Murrieta probate attorney to assist them be aware of the differences in the federal tax laws. Moreover, estate planning attorneys can help them set up Qualified Domestic Trusts or “QDOTs” to assist them minimize their prompt estate tax liabilities.