How to use this tool
Answer Yes, No, or Not sure. Not sure counts the same as Yes, so a topic still appears if you are unsure. Do not add names, account numbers, or amounts.
You will see a short note for each topic that may apply. The notes point to guides and services on this site. If you answer No to every question, you will see one general note instead. The id none is that fallback and should not appear beside other results. This is a starting point, depending on facts we do not have.
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Your topics to discuss
You live abroad and own New York property
New York real estate often stays connected to New York practice even when you live in another country. What happens at death may depend on how the title is held and on where you are domiciled. A New York plan can sit beside what counsel abroad does for property in that other country.
Living abroad with New York property Estate planning Foreign estates
You are not a US citizen
Citizenship, residence, and domicile are different, and which one matters depends on the question. If you are not a US citizen and not domiciled in the United States, federal estate tax may apply to certain property situated in the United States, under rules that differ from those for citizens. Your tax adviser handles the tax side, and we can help with a New York plan while coordinating with counsel abroad.
Citizenship, residence, and domicile Estate planning for non-citizens Nonresident aliens
Your spouse is not a US citizen
If your spouse is not a US citizen, the US estate-tax marital deduction is generally unavailable unless property passes in a qualified domestic trust or another exception applies (IRC 2056(d)). New York may also have its own rules about a spouse's share, depending on domicile and on the property. Your tax adviser handles the tax side, and we coordinate with that adviser and with counsel abroad.
You own assets in another country
Property and accounts outside the United States often pass under that country's rules, which we do not advise on. Your New York papers should still make clear enough what exists so your family and counsel abroad are not guessing. A list without balances is a practical start, and your tax adviser can tell you whether any US reporting applies.
Asset inventory worksheet Foreign estates Document checklist
You signed a will in another country
A will signed outside New York may be formally valid here if it complies with New York law, the law of the place where you signed it, or the law of the place where you were domiciled at signing or at death (EPTL 3-5.1(c)). That does not always mean the will fits your New York property, and it does not always mean you need a new one. We can look at how the documents sit together and coordinate with counsel abroad.
Moved to New York with a foreign will Estate planning Translations and apostilles
An inheritance or a foreign trust may reach you
An inheritance from abroad, or an interest in a trust set up under another country's law, may raise US reporting questions even when no New York probate is needed. Whether anything must be reported depends on the facts, and your tax adviser handles that work, including any form that may apply. We can help you think about how that gift, inheritance, or trust interest fits your own New York plan.
Inherited from overseas Foreign inheritance reporting basics Foreign trusts
A relative died abroad and left New York assets
If a person died owning property in New York, a New York court may in many cases deal with that New York property, and the type of proceeding depends on domicile and on the asset. A death outside New York, including a death while traveling, leaves domicile as a separate question. A death record and any foreign court papers often need a translation and an authentication before the court relies on them. We can help with the New York piece and coordinate with counsel abroad.
A parent died abroad with New York assets Foreign estate with New York assets Probate and administration Ancillary probate for families outside New York
A possible guardian lives abroad
You may name a preferred guardian in a will, but a New York court generally makes the appointment and looks at the child's well-being. A person who lives in another country can sometimes be appointed. A noncitizen who is not domiciled in New York is ineligible for letters unless the court, in its discretion, allows one of two narrow exceptions: a foreign guardian (SCPA 1716(4)) or service with co-fiduciaries when at least one is a New York resident (SCPA 707(1)(c)). Living abroad also often raises practical questions about daily care. We can talk through a New York plan and coordinate with counsel abroad if another country would also be involved.
When a child's guardian lives abroad Guardianships for minors
An heir lives outside the United States
People who live outside the United States may still inherit New York property. In many cases the extra work is practical, such as notice, translations, and signing from overseas, though in some situations a court may hold a share until certain conditions are met. What a court or a bank asks for depends on the asset and on the proceeding, so planning ahead may make those steps clearer for your family.
When your heir lives abroad Estate planning Document checklist
None of these questions matched
If you answered No to each question, the cross-border topics on this page may not be the ones to start with. You can still have New York estate questions, depending on your family and your property. The overview is a calm next stop, and you are welcome to talk with us.
This is education, not legal advice or tax advice. We practice New York law only, so please coordinate with counsel abroad and with your tax adviser or accountant on tax filings and on the law of any other place.
Talk through your next step
When you want to talk through the notes that came up, call (212) 518-3868 or request a Free Consultation.