Legal Question in Wills and Trusts in California

My wife of 40+years is a not a US citizen. She has held a green card for over 30 years and worked in the US during that time. Our income property is in an LLC in which she and myself are both members. Our personal house is in a joint trust. We have always filed a joint tax return. She receives no income from outside the US.

If I die before her, will she have any inheritance/tax issues because she is not a US citizen?

Asked on 9/10/22, 6:14 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

She shouldn't have any inheritance or tax issues due to her citizenship status. I'm not sure if she can get Social Security survivor's benefits as a non-citizen. Either of you may get stuck with tax consequences when one of you dies based on the membership shares of the LLC. It sounds like you need to chat with an estate planning attorney to make sure you have set things up to limit taxes and make the estate processing go as smoothly as possible when either of you dies.

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Answered on 9/11/22, 12:03 pm

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