Estate planning is vital, especially for non-U.S. citizens. While non-citizens with property in the United States face additional challenges that do not face natural or naturalized citizens, one’s immigration status does not impact the need for estate planning. However, an individual who is not a United States citizen or who is applying for citizenship will need help from an experienced professional with their estate planning goals and assistance in understanding estate laws and how they impact those who are not yet legal citizens.
Three factors are considered in developing an estate plan for a non-citizen:
- The immigration status of the individual creating the estate plan (the testator): United States citizens are subject to the country’s estate and probate laws. On the other hand, people such as United States citizens with dual citizenships, legal permanent residents, and non-resident immigrants who own property within the country or will pass property onto residents of the United States are subject to both the laws of the United States and the laws in their country of citizenship.
- The immigration status of the individual(s) who are to inherit property and/or assets from the testator (beneficiaries): The citizenship of any beneficiaries who are set to inherit property and assets is essential to confirm that, upon the death of the testator, property and assets are transferred and appropriately distributed. This consideration is also necessary for implications of international tax laws and coordinating between laws of different jurisdictions.
- Location of property and accounts that are to be distributed through the testator’s estate: the location of these assets may often determine what law governs their distribution and taxation.
Estate planning is more complicated than you may think.
Estate planning is complex on its own: it involves knowledge of the relevant laws of the jurisdiction, familiarity with estate and probate processes, and experience with crafting an effective estate plan that fulfills the needs of the parties involved. Estate planning for immigrants becomes even more complex because, in addition to the things mentioned in the prior sentence, it begs for understanding the relationship between the United States and international laws of estate and probate. Thus, despite the necessity of estate planning, the process can become incredibly overwhelming and cause many to “toss in the towel” and give up, which only leads to confusion and distribution of property and assets that may be opposite of the estate owner’s intentions and desires upon their death.
Estate planning attorney or immigration attorney: which is the right choice?
An estate planning attorney is an attorney who is experienced in estate law and is familiar with the state and federal laws that affect how one’s estate will be valued, dispersed, and taxed after one dies. However, the average estate planning attorney may not be familiar enough with immigration and international law to assist immigrants in their estate planning. Therefore, hiring an attorney that is a professional in both estate planning and immigration is necessary. Contact Laizure Metz Legal Services at Christopher@laizuremetzlegal.com or (347) 625-7854.