Where green card holders are treated differently
For federal estate tax purposes, a permanent resident who lives in the United States is usually treated much like a citizen, which can bring worldwide assets into the picture. The difference that surprises many families involves a surviving spouse who is not a U.S. citizen. The usual unlimited tax-free transfer between spouses is not automatically available in that case, and a special type of trust is often used to preserve it. Assets in another country may also be subject to that country's inheritance rules and taxes, which do not always line up with a U.S. will. Forced heirship rules abroad, for example, can override what a will says about property located there.
Taking stock before the meeting
Make a list of what you own and where it is: real estate, bank and brokerage accounts, retirement accounts, business interests, and insurance, along with how each is titled and who is named as beneficiary. Bring any existing wills, including any signed in another country. Note the citizenship and immigration status of your spouse and of the people you want to inherit. If you have minor children, think about who would care for them. Copies of any foreign account reports you have filed are useful too, since gaps there are worth addressing as part of the plan.
Planning that works across borders
We start by looking at how your assets would pass today if nothing changed, and where that result differs from what you want. Then we discuss whether a U.S. will, a revocable trust, updated beneficiary designations, or a combination fits, and whether property abroad needs separate documents prepared with counsel licensed there. If you may someday leave the United States or give up your green card, that step can carry tax consequences of its own that belong in the plan. We coordinate with your tax preparer where needed. The aim is a plan that holds up in every country where you have assets, not one that only works on paper in New York.
