Overseas estate

[aussie99]

What is the name of your state? CA

My husband is a US citizen with property in CA, I am an Australian citizen with property in Australia. We planned to live firstly in Australia and then return to the US. Unfortunatly his health will not allow this so we are currently in Australia.Meanwhile we wish to set up each of our properties in testamentary trusts to ensure our children are protected. There is a problem with the US end of this as he cannot return to the US. We have been married 8 years and are both retired.As a non citizen, can I be the Executer of the trust for his property in CA ? How can we contact a CA lawyer to do this while overseas. What does it cost?

thanks

 

[Dandy Don]

You may want to consult a trust or probate attorney (or a certified estate planning professional) in Australia to figure out your best way to proceed. IF he dies in Australia, probate or trust administration can be done from there, with a separate proceeding done in California by you as trustee or whoever the executor/administrator is, IF there is a will..

 

[aussie99]

california

Thank you.
I have consulted a legal person here who says anything set up under Australian law will not apply. It can be set up but they would only be agents for the law company in the US so we would be dealing with 2 sets of attorneys.
What happens if everything is left to me in the will , as a non citizen does this effect taxes.
I would only be keeping it until it can be sold at a time which suits everyone and probably not for about 2 or 3 years, then dividing it among the children.I think this may cause a tax problem. I would have them named as beneficiaries in my will should I die.