I am an American citizen married to an Irish citizen who has a green card. We have one child who was born here in the US.
In the event that I die, I want to insure that she could freely leave the US with our child and move back to Ireland without any legal issues.
Do I need to put that in my will or does she legally have the right to do that?
1 Answer from Attorneys
She can leave the US with the child. The child is American because it was born here but would probably have dual citizenship but it might have to declare one or the other upon turning 18.
Other than that, I do not see any restrictions other than there are laws about leaving money to non-US spouses. I don't know your asset/income situation but you need to sit down with an estate planning attorney to plan out how your wife and child would best be protected financially if you died.