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trust - Non-U.S. Beneficiary

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rushout

Junior Member
What is the name of your state? Australia
Aunt and Uncle who resided in California unfortunately passed away recently. They had an A-B Trust and I'm one of the named beneficiarys, I'm Australian and reside in Australia. The Successor Trustee and also a beneficiary is an American (a 2nd cousin). My questions are, is their anything I need to do with regards to seeking a legal representative in California or will I just be treated as if I'm an American citizen?. Are their any implications from the U.S. perspective in being a non-U.S. citizen / resident with regards to U.S. taxes, etc.

Thanks In Advance
 


Dandy Don

Senior Member
Are you absolutely sure that the trustee and successor trustee have your address and phone number and know how to get in touch with you?

You have the right to request a copy of the trust if you haven't seen it already, by sending trustee a certified letter, although it would be better if your lawyer did that for you so that trustee is not likely to ignore a request that came only from you. You don't need a lawyer right now, but if you have any questions or concerns it would be best to get one so you can ask him/her any questions about the process or have that person keep in touch with the trustee on your behalf.

As far as the tax consequences go, your attorney can get that information for you by consulting with a local CPA or tax accountant when your check comes in.

DANDY DON IN OKLAHOMA ([email protected])
 

rushout

Junior Member
Thanks DandyDon.

They don't have my address or phone number, all correspondence from the U.S. is done via my parents postal address and phone, mailed documents are addressed to me by name. My Sister and Brothers have also been named as beneficiaries and the same mailing address applies.

Have seen a copy of the trust (latest version) as my deceased Aunt posted a copy to my folks.

Tried contacting the U.S. Embassy here in Oz with regards to what U.S. tax structure is applicable to aliens, but found that line of investigation as usefull as tits on a bull.

When would be an appropriate time to appoint a U.S. attorney, would it be after the contest period has elapsed?

Thanks In Advance
 

Dandy Don

Senior Member
You should get a trust attorney now, preferably in the same city or county as where the estate is being probated or the trust is being administered.
 

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