Estate planning attorney in Scripps Ranch, San Diego · Russian-speaking clients welcome · Говорим по-русски(858) 208-8900  ·  irina@sdestatelawyer.com
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Estate planning for non-U.S. citizens

Different tax rules apply when you or your spouse is not a U.S. citizen. Plan accordingly.

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Short answerNon-U.S. citizens can be more exposed to U.S. estate tax than citizens — for example, the unlimited marital deduction is generally unavailable for a surviving spouse who is not a U.S. citizen unless assets pass through a qualified domestic trust (QDOT). Nonresidents also have a much smaller estate tax exemption on U.S.-situated assets.

Estate planning is especially important for foreign nationals planning to remain in the U.S. long term. We implement trust provisions to provide qualified domestic trust status where appropriate, and we advise non-citizen clients on the special gift and estate tax rules that apply to them.

Irina is fully bilingual in English and Russian and is passionate about educating recent immigrants and naturalized citizens about estate planning.

Common questions

What is a QDOT?

A qualified domestic trust allows assets passing to a non-citizen surviving spouse to qualify for a deferral of federal estate tax, subject to specific trustee and distribution requirements.

General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.

Ready to put your plan in place?

Talk with Irina about your family, your goals and the right documents for you.

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