If we are from the UK but are now living in the US and do not have a Will, if we make a one here, will it cover my husband’s savings there?

If my husband dies, what happens to his savings? Does it go directly to me or the government? We are married and have 2 children.

Asked on September 5, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to sit down with an attorney/estate planner and figure this out. Generally speaking, for a U.S. will to be valid in a foreign country, it must be formally valid under the laws of that jurisdiction. Some foreign jurisdictions, however, will not recognize a will drafted in the United States under any circumstance or will recognize the U.S. will only under certain unique circumstances. There are tax ramifications here as well.  So maybe it would be best to think about some estate planning tools - such as trusts, etc. - to help with those issues but you need to sit down with an attorney to discuss this in detail.  Good luck.


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