Should non-US Citizens be particularly concerned about their estate planning?

Most likely, yes. The estate tax law is not the same for non-US Citizens and their families as for US-Citizens. This can result in substantially higher estate tax liability, particularly for married couples. Estate planning by non-US Citizens and their families can lessen or defer the tax burden.

In addition, individuals with property and family in multiple jurisdictions face conflicts-of-law issues. These should not be ignored.

Finally, non-US Citizens should engage in estate planning for the same reasons as US Citizens – to ensure that you, rather than the Probate Court, will decide who will be your children’s guardian in the event of your death; to take advantage of the flexibility of will and trust drafting techniques; to provide for children in the event of divorce, death of one spouse, or re-marriage; and to reduce potential conflict and uncertainty among your children and relatives during their time of grieving.

Ask our office if you have questions about estate planning for non-US Citizens and persons married to non-US Citizens.