Probate Strategies When Nonresident/Non-Citizen Decedents Own U.S. Assets: Legal, Tax, and Practical Issues
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide estate planning counsel with a review of critical issues that arise when a nonresident decedent's estate owns assets in the United States. The panel will explain the practical challenges in obtaining original or ancillary probate or administration, potential conflicts between the law of decedents' domicile and U.S. inheritance law, the relevance of foreign marital property rules and U.S. recognition of foreign marriages, U.S. estate taxation issues, and collection procedures.
Outline
- Practical issues in obtaining original or ancillary probate or administration
- Potential conflicts between civil law of decedent's domicile and U.S. inheritance law
- The relevance of foreign marital property rules
- U.S. estate taxation basics
- Situs rules
- Determining the taxable estate
- Application of estate tax treaties
- Collection procedures
- Who pays the tax
- Federal transfer tax certificates
- Multi-jurisdictional estate litigation
Benefits
The panel will review these and other crucial issues:
- What are the practical considerations for counsel involving original or ancillary probate or trust administration?
- What are the potential conflicts between the civil law of the decedent's domicile and U.S. inheritance law?
- What are the U.S. estate tax issues for estate planning counsel?
- What are the most problematic collection procedures?
Faculty
James I. Dougherty
Partner
Dungey Dougherty
Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries... | Read More
Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries through all aspects of the estate administration process including probate, contested estates, contentious trust litigation, tax, and post-mortem estate planning issues. His practice also includes working with affluent individuals in the development and implementation of sophisticated planning techniques to help them accumulate, preserve, and transfer their wealth. In addition to helping clients navigate through complex estate matters and identifying planning opportunities, he is a frequent author and speaker, nationally and internationally, on estate, trust, tax, and probate matters.
T. Sandra Fung
Partner
Withersworldwide
Ms. Fung is part of the firm's private client and tax team. Her practice focuses on private wealth matters with an... | Read More
Ms. Fung is part of the firm's private client and tax team. Her practice focuses on private wealth matters with an emphasis on transfer tax, trust and estate planning. Her clients include high-net- worth individuals, families and family offices. She co-authored the article, Regulatory Outlook After Trump’s Tax Reform: IRS releases revised priority guidance plan and proposed amendments.
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