Legal Question in Wills and Trusts in Colorado

Re: mixed citizenship and wills

Your major consideration should be that if the non-U.S. citizen spouse survives, they cannot inherit more than $100,000. This is because the unlimited marital deduction is available only when the surviving spouse is a U.S. citizen.

Planning for non-U.S. citizens is different than when both spouses are citizens of the U.S. Make sure you visit with an estate planning specialist who is experienced with planning for non citizens. Don't attempt to make your own Wills and don't use an attorney who is not an accomplished expert in this area.

Use a trust for noncitizens

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

My email: [email protected]

My web site http://effectnet.com/la/

LawGuru User

Dear LawGuru User:

For noncitizen spouses, I use a provision in the tax law which allows a special trust to be set up for the benefit of a noncitizen. With this testamentary trust (a testamentary trust is a trust that is created by the terms of a will), it is possible for noncitizen spouses to inherit as much as citizens.

That said, please note that I do not have enough information to answer your question with certainty. I need to know the size of your estate and other information in order to fully advise you.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

My web site http://effectnet.com/la/