Green card - Wills made outside US

[JulesB1]

What is the name of your state? What is the name of your state? CA

My husband and I are green card holders. Our wills were made outside of US.
1. Will our existing wills be honored here or do we need to make US wills?

2. If we leave everything to each other and one of us dies - do we still need to use the probate court here?

3. Finally would this be different if one of us becomes a naturalized citizen?
Thanks,

 

[JulesB1]

Has anyone experience of this please?

I guess it's a tricky question but I would appreciate some advice,
Thanks,
Jules

 

[seniorjudge]

1. Will our existing wills be honored here or do we need to make US wills?

A: Yes, it is possible that your wills will be honored but to make sure, you should have US wills made out in the state where you intend to reside.


2. If we leave everything to each other and one of us dies - do we still need to use the probate court here?

A: Yes, in case there is property that somehow is not passed on the death of one of the joint tenants.


3. Finally would this be different if one of us becomes a naturalized citizen?

A: Citizenship has nothing to do with the validity of a will.

 

[JulesB1]

QDOT and CA community property

Thanks for your reply. This is my first experience of a user forum - thanks for making it +ve.

To clarify question2. Our property is held as community property and is the major part of our estate. Would we still need to go to probate here in California?

I've read that as non-citizens the estate would have to go into a special trust QDOT. Does that mean that when subsequently sold, taxes are due even though it is worth less than the current $1.5m threshold.

Thanks,
Jules

 

[seniorjudge]

Thanks for your reply. This is my first experience of a user forum - thanks for making it +ve.

To clarify question2. Our property is held as community property and is the major part of our estate. Would we still need to go to probate here in California?

I've read that as non-citizens the estate would have to go into a special trust QDOT. Does that mean that when subsequently sold, taxes are due even though it is worth less than the current $1.5m threshold.

Thanks,
Jules

....Lawyer....