Manipulative parents say that moving abroad means no inheritance...

[lollavid]

What is the name of your state (only U.S. law)? CA

Okay, sorry for the provocative title, but unfortunately it's true. Since telling my mother 3 weeks ago that my wife, kids and I are moving to Europe, she has tried everything to coerce us to stay. One of her threats was that I would not receive my inheritance if I left.

In her most recent email, she informed me that, according to her real estate attorney, if I am not a permanent resident of the USA I am ineligible to be an heir to the property (due to the fact that the "tax free basis has restrictions"). I don't know much about these things and was hoping that you all might help. I obviously don't know many specifics, but would like to know if this is possible or yet another manipulative gesture on her part, shrouded in the cloak of legalese.
Many thanks in advance.

 

[Mass_Shyster]

It does not become your inheritence until she dies.

She can put (almost) any restrictions in her will that she chooses.

 

[Zigner]

Tell her to shove-off because you don't want any of her money anyway!

 

[lollavid]

But that's my point. According to her, there's nothing she can do. She says it's a condition of the legal code.

As to Zigner's comment- I am right there with you. I have invested so much time and patience into maintaining this relationship and am watching her take a sledgehammer to anything that there might have been.

I am just asking for my own peace of mind.

It does not become your inheritence until she dies.

She can put (almost) any restrictions in her will that she chooses.

 

[xylene]

But that's my point. According to her, there's nothing she can do. She says it's a condition of the legal code.

She is talking out of her butt.

There is no reason why you could not inherit or own property in the US.

Non-citizens own property all the time.

I don't know if you intend to renounce your US citizenship or simply reside abroad... (or if you have US citizenship)

But there is nothing that precludes you inheriting, other than her not wanting you to.

(BTW if you are going to reside abroad you should see a tax specialist anyway - and they can give you the exact rundown on mom's lunanc.)

 

[lollavid]

One problem: she's a CPA and has been my tax specialist. Haha! Guess I'll need to find another.
I AM a citizen, was born here and don't intend to renounce my citizenship.

She is talking out of her butt.

There is no reason why you could not inherit or own property in the US.

Non-citizens own property all the time.

I don't know if you intend to renounce your US citizenship or simply reside abroad... (or if you have US citizenship)

But there is nothing that precludes you inheriting, other than her not wanting you to.

(BTW if you are going to reside abroad you should see a tax specialist anyway - and they can give you the exact rundown on mom's lunanc.)

 

[anteater]

I am just asking for my own peace of mind.

"Peace of mind?"

 

[Zigner]

One of her threats was that I would not receive my inheritance if I left.

Does this matter to you?

Your answer will determine which direction the responses go...

 

[Silverplum]

Does this matter to you?

Your answer will determine which direction the responses go...

Sure it matters to him. Otherwise, he wouldn't have posted about it. He would have simply moved, if it didn't bother him a bit.

 

[lollavid]

"Peace of mind?"

Please understand that this is extremely personal and difficult. The peace of mind is in being able to relinquish my previous expectations of an inheritance (sizable) and to come to terms with where this relationship is. Yes, I was planning on it as part of my overall retirement plan and it will be a hit. However I will be fine without. The relationship with my mother (and her relationship with my children) is a more difficult thing to abandon. That is why I am seeking some level of clarity and certitude.
I am very appreciative of your responses. This is a great forum.

 

[Ohiogal]

Please understand that this is extremely personal and difficult. The peace of mind is in being able to relinquish my previous expectations of an inheritance (sizable) and to come to terms with where this relationship is. Yes, I was planning on it as part of my overall retirement plan and it will be a hit. However I will be fine without. The relationship with my mother (and her relationship with my children) is a more difficult thing to abandon. That is why I am seeking some level of clarity and certitude.
I am very appreciative of your responses. This is a great forum.

So you were spending money that you are NOT entitled to and have NO CLAIM TO and yet wish in order to plan your retirement.

Well, suffice it to say, your parents do NOT have to leave you a dime.