nearpost1

I have lived in the U.S. forty years. My father passed away recently back in England. His solicitor is executor on his will and I am the beneficiary. I will be back in England for the funeral next week, but will be back in the U.S. before the Grant of Probate is received, and dads estate wrapped up later this year. There is no real estate to dispose of, just money in a bank account which will come to me once funeral and care home are fully paid.

It may seem strange, but I simply cannot get a straight answer via email from the solicitor re the following. Will my physical presence be required later this year, back in the solicitors office in England, or, can any paperwork that I need to sign, be signed via mail, e mail, DocuSign, notary public etc. I am trying to avoid an additional trip to England.

I would be grateful for any input from a fellow ex pat who has previously been through this.

Thank you.

Cook_County

I cannot think of a reason why you might be needed. The cash might incidentally be 8938 & FBAR reportable once it is yours...but that is a US obligation not a UK one.

Nutmegger

Seconded --in similar circumstances there wasn't one document that I signed. The executor took take of everything.

Cook_County

PS - We are travelling to a stone-setting soon about 12 months after death; but this is personal choice so not a legal requirement.

durham_lad

Similar here, and for my wife when her father died. In both cases after the executor sold the house, collected and distributed the money to the 4 heirs we just had FBAR reporting to take of as the money was distributed to our UK bank. (It was well below the limit for FATCA reporting on our US tax return).

nearpost1

Well all this is very reassuring. Thank you very much

rpjs

Yup, my father passed away a couple of years ago. I was the executor so had some paperwork to complete with my solicitor before I returned to the US. Myself and my brother were the only beneficiaries and all my brother had to do was give me his bank a/c details to pass on to the solicitor for him to receive his share when the house was sold and the estate wrapped up.

As you are not the executor yourself, if you’re intending to have the residue of the estate wired directly to you in the US by the executor, you shouldn’t need to deal with FBAR or 8938 reporting. You may if the money is over the limits and spends any time in a UK bank account that you have authority over.