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Estate Planning and Wills

Estate Planning and Wills

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Old Feb 8th 2008, 4:42 pm
  #31  
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Default Re: Estate Planning and Wills

Hi Elvira
I dont quite understand. I have a client who has asked me how they can send the proceeds of an inheritance from the UK to the US. Assuming the buyer of the house pays the solicitor the solicitor would be free to send this to him in the US.

Realistically seeing as the transfer is that easy is that not the way it is done?
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Old Feb 8th 2008, 4:45 pm
  #32  
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Default Re: Estate Planning and Wills

Originally Posted by Edwina
Hi Elvira
I dont quite understand. I have a client who has asked me how they can send the proceeds of an inheritance from the UK to the US. Assuming the buyer of the house pays the solicitor the solicitor would be free to send this to him in the US.

Realistically seeing as the transfer is that easy is that not the way it is done?
Not sure what you mean. If there is an inheritance, there will be probate or a will. It is the estate that is taxed, not the people who inherit.

Once the taxes are paid and the inheritance distributed amongst the beneficiaries, it is up to your client how she transfers the money to the US. I would recomment XE Trade.
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Old Feb 8th 2008, 4:53 pm
  #33  
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Default Re: Estate Planning and Wills

Originally Posted by Elvira
I believe if the estate exceeds some figure ($100k??........ not sure...) some sort of form has to be filed with the IRS - but no tax is payable.
$2M isn't it if your a USC?
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Old Feb 8th 2008, 4:57 pm
  #34  
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Default Re: Estate Planning and Wills

Originally Posted by Bob
$2M isn't it if your a USC?
I really do not know the exact figure for *reporting* an inheritance, but I do know that I did not have to pay any tax here when my Mum died.

The Motley Fool (US version) has tax board, and the question is covered there: www.fool.com (

But there's always the Horse's Mouth, aka the IRS...
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Old Feb 8th 2008, 5:03 pm
  #35  
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Default Re: Estate Planning and Wills

Originally Posted by Elvira
I really do not know the exact figure for *reporting* an inheritance, but I do know that I did not have to pay any tax here when my Mum died.
I don't think there's any requirement for a recipient to report an inheritance. However, money laundering laws will mean any transfer of this size from the UK to the US will get reported.
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Old Feb 8th 2008, 7:16 pm
  #36  
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Thumbs up Re: Estate Planning and Wills

Originally Posted by Edwina
Hi Elvira
I dont quite understand. I have a client who has asked me how they can send the proceeds of an inheritance from the UK to the US. Assuming the buyer of the house pays the solicitor the solicitor would be free to send this to him in the US.

Realistically seeing as the transfer is that easy is that not the way it is done?
It is as simple as that. As long as the estate is under the nil rate band for IHT (£300,000) and there have been no previous gifts using up or exceeding this figure in the last 7 years, then no report is required to HMRC. As the other guys say, where you then place it in the US (if you choose the US) will be subject to US tax on savings, investments etc., though the client could perhaps use some to fund an IRA (US pension).

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Last edited by im9907620; Feb 8th 2008 at 7:17 pm. Reason: addressing Edwina
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Old Feb 9th 2008, 2:11 am
  #37  
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Default Re: Estate Planning and Wills

Originally Posted by Bob
$2M isn't it if your a USC?
for an estate, It is $2M even if your a resident alien.. it is not just USC..
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Old Feb 9th 2008, 10:41 am
  #38  
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Default Re: Estate Planning and Wills

Blimey, head is spinning with all this, but its a necessary evil and maybe someone has an answer to this one then?

USC and UKC/USC both retire to UK 6mo's/year to benefit from health system, etc in old age. Other 6 months in US. Paid up house in US (owned by kids), a rental (effectively) in the UK. US ira's, soc sec & full UK state pension.
Any ideas on links or info to residency period as defined/claimed when time spent is 1/2 the year? Hoping to claim residency is UK with "visits" to US but not sure if annual residency is sufficient?
Basically, repatriate UKC and USC residency still is US. Poss loophole?

Clear that multiple wills needed.

Ta!

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Old Feb 9th 2008, 2:24 pm
  #39  
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Default Re: Estate Planning and Wills

Originally Posted by Xebedee
Blimey, head is spinning with all this, but its a necessary evil and maybe someone has an answer to this one then?

USC and UKC/USC both retire to UK 6mo's/year to benefit from health system, etc in old age. Other 6 months in US. Paid up house in US (owned by kids), a rental (effectively) in the UK. US ira's, soc sec & full UK state pension.
Any ideas on links or info to residency period as defined/claimed when time spent is 1/2 the year? Hoping to claim residency is UK with "visits" to US but not sure if annual residency is sufficient?
Basically, repatriate UKC and USC residency still is US. Poss loophole?

Clear that multiple wills needed.

With what U.S. visa/immigration status?

And why would a U.S. will be needed if there is not much real property in the United States?
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Old Feb 9th 2008, 3:21 pm
  #40  
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Default Re: Estate Planning and Wills

Originally Posted by JAJ
With what U.S. visa/immigration status?

And why would a U.S. will be needed if there is not much real property in the United States?
Because any property in the US would go to probate - which is both expensive and time-consuming to resolve. Without a will, the survivor might spend a lot of $$$ to secure the inheritance - even if is little.

A simple will takes little time and may cost nothing, so why risk not having one. In any event, the fact that someone has little property now does not mean that they won't have more when they depart this earth........ (Some people actually do win the lottery...)
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Old Feb 9th 2008, 5:24 pm
  #41  
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Default Re: Estate Planning and Wills

Originally Posted by Elvira
Because any property in the US would go to probate - which is both expensive and time-consuming to resolve. Without a will, the survivor might spend a lot of $$$ to secure the inheritance - even if is little.

A simple will takes little time and may cost nothing, so why risk not having one. In any event, the fact that someone has little property now does not mean that they won't have more when they depart this earth........ (Some people actually do win the lottery...)
Even with a will it goes to probate. If you want to avoid probate you need to do a estate plan.. a will is not the simple answer..
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Old Feb 9th 2008, 9:18 pm
  #42  
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Default Re: Estate Planning and Wills

If a UK-based person who dies has lots of shares as part of their estate, it might be worthwhile for these shares to be sold elsewhere in the world, if they are also listed elsewhere. The inheritance tax payable is related to where the asset is sold (cant remember the technical term).

Approx five years ago I met a UK-based lawyer who was just back from a week in New Zealand selling up a deceased client's shares there, as it was more profitable for the estate to do it this way, including paying for his business class flights, several days accomm and 5 days legal retainer/charges.
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Old Feb 9th 2008, 9:28 pm
  #43  
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Default Re: Estate Planning and Wills

Originally Posted by Xebedee
Blimey, head is spinning with all this, but its a necessary evil and maybe someone has an answer to this one then?

USC and UKC/USC both retire to UK 6mo's/year to benefit from health system, etc in old age. Other 6 months in US. Paid up house in US (owned by kids), a rental (effectively) in the UK. US ira's, soc sec & full UK state pension.
Any ideas on links or info to residency period as defined/claimed when time spent is 1/2 the year? Hoping to claim residency is UK with "visits" to US but not sure if annual residency is sufficient?
Basically, repatriate UKC and USC residency still is US. Poss loophole?

Clear that multiple wills needed.

Ta!


PEOPLE YOU CANNOT HAVE TWO WILLS THE LAST ONE WILL INVALIDATE ALL OTHERS
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Old Feb 9th 2008, 9:29 pm
  #44  
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Default Re: Estate Planning and Wills

Originally Posted by candy wy.
Even with a will it goes to probate. If you want to avoid probate you need to do a estate plan.. a will is not the simple answer..
You cant avoid probate you can avoid taxes
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Old Feb 10th 2008, 2:09 am
  #45  
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Default Re: Estate Planning and Wills

Originally Posted by Thydney
You cant avoid probate you can avoid taxes
You can avoid probate. I have not had to go through probate, this may depend on which state you live in. with good estate planning you can minimize taxes. think you have it the wrong way round.. probate is only a way of changing ownership, this can be done in a number of ways..

Last edited by candy wy.; Feb 10th 2008 at 2:14 am.
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