celticgrid

Assuming you mean 'assessed', the key as far as most here are concerned is that estate tax has high thresholds when the beneficiary is the spouse - if the spouse is a US citizen. As a non-citizen spouse beneficiary the rules are quite different. For 'different' read 'tax expensive'. Specialist advice is strongly recommended.

Lazzza

Doug, you are L1 right? I have just made Wills for my OH and me (plus Powers of Attorney). When I go over to the US, OH and me will make US Wills in addition.

I will go to a properly qualified attorney and get proper US legal advice and will not go online! Making a Will is just too important to do it 'on the cheap'. If you have US assets then you'll need a US Will in my humble opinion.

I am only Scottish qualified as a Solicitor but take a bit of free advice.......GET PROPER ADVICE!!!!!!

Tarkak9

said it many times before....
always double check the title of your house as title often determines survivorship and may supersede a will - there is a significant difference between tenancy in common and joint tenancy etc.

ajlpics

Hi am new to this forum and am not really sure i'm posting to the correct one.
I'm looking for some advice really as I have no real understanding of US law and it's implications with regard to wills. My father and mother (both UK citizens) have been resident in the USA for 25 years and drew up their will in the US with myself and my sisters as beneficiaries. My mother passed away three years ago and my father is since remarried. He has made his new wife primary beneficiary in his will. Can anyone tell me what implications this situation has on the status of myself and my sisters as beneficiaries.

ian-mstm

Your father is free to make any changes he wants with respect to his will - it is, after all, his money and assets. I suggest that your father, and not anyone here, is the one you should be talking to about the will. After he dies, if the will isn't to your liking, you can always contest it.

That said, I have a "no contest" clause in my will... such that if any beneficiary (or any other individual) contests the will, they become immediately excluded from inheriting. Sometimes, I really live up to my moniker.

Ian

ajlpics

You said it brother!
If my father was more open about things believe me i would be talking to him about it. Was hoping to find someone on here with some insight into exactly what the legal position is regarding our status as beneficiaries. Does the fact that his new wife is now the primary beneficary mean that everything goes to her and she can do with it what she pleases and can dictate what happens after she passes away????? Is there anybody out there????

Jerseygirl

Yes.

ajlpics

Does that mean (yes) everything does go to her and she can do with it what she pleases and can dictate what happens after she passes away

Sally Redux

I believe so. Napoleonic Law is different but in the US and UK he can decide how to will his money and assets.

Jerseygirl

Yes...unless when your father passes you contest his will and are successful.

ajlpics

Can he stipulate in his will what happens to his assets after his primary beneficiary passes away (presuming she passes away after him). I don't mean to sound mercenary about this i just have some very strong views about what this would mean to my mum

Giantaxe

I'm confused; she's dead, right?

Put it like this: if you father wishes his children to inherit either at the time of his death or later on, he can structure his will to ensure that. It sounds like he's chosen not to do that, and that's his choice and his choice alone.

Giantaxe

Not all jurisdictions honour such clauses.

ajlpics

I think the previous threads explain. Mum died and dad has since remarried and made his new wife primary beneficiary etc. etc. I know that my sisters and I were named as beneficiaries in his previous will. I'm wondering how this new situation changes things as far as US law is concerned. They live in California.

im9907620

In theory, he can. His wife could have first call on assets as 'life tenant' and on her death he might have instructed the capital to go to you and your sisters. Unless you can speak with him to clarify what he has done, then you may have to wait years until you get contact from a US probate attorney out of the blue to tell you that you've finally inherited.

On a general note on this thread, separate Wills should ideally be made in whichever country you have assets and reference should be made to the existence of each Will/assets covered.