Can my green carded spouse be the beneficiary of my estate?

[desertjedi 0]

No matter how I worded my question, I could not find any good answers. My wife got her first (conditional) green card a few months ago. I am currently writing up a new will. My question is this: can my wife inherit everything of mine if I die just as if she was an American citizen? Will the will be honored even if she is not yet a US citizen? 

 

I've read that she can continue the process of getting her permanent green card and, most likely, become a US citizen even if die. But I want to make sure that, just like if I had married a US citizen, she will be the de facto heir of everything I own. Can someone point me to some info on this? When I google this, all I get is info about continuing the path to citizenship if the US citizen sponsor dies. 

[Michael and Ganna 104]

we did that....on some investment accounts they sent us a TOD to fill out and have notarized 

[EG&XY 144]

I am not aware of any legal requirement for the beneficiary of an estate to be a US citizen, or even a green card holder for that matter. What is to stop me from leaving everything to a long lost cousin in some other country? Sure it might be a little more difficult to get the paperwork handled if they are in the US or are not a citizen or LPR, but that doesn't mean that it is disallowed.

[Coco8 1,042]

For inheritance, the citizenship of the person does not matter.

 

There are differences in terms of tax deductions and such. Check this out:

 

http://www.nolo.com/legal-encyclopedia/estate-planning-when-you-re-married-noncitizen.html

[desertjedi 0]

2 hours ago, EG&XY said:

I am not aware of any legal requirement for the beneficiary of an estate to be a US citizen, or even a green card holder for that matter. What is to stop me from leaving everything to a long lost cousin in some other country? Sure it might be a little more difficult to get the paperwork handled if they are in the US or are not a citizen or LPR, but that doesn't mean that it is disallowed.

That's not the part of the law I'm concerned with. I know you can make anyone in the world a beneficiary. I'm referring to the special situation of spousal inheritance. I would assume that if a US citizen winds up dead a week after he marries an immigrant or maybe even a week after his/her spouse gets a green card, he/she may not simply be handed the keys to the Benz. I would assume that there's something in place to address that sort of possible "abuse".

 

I'm going in for major surgery next week and I want a solid will for my wife so that she will inherit everything as smoothly as possible in case anything happens. That's where I'm coming from. It sounds like I don't have anything to worry about. Thanks for all your replies. 

[N-o-l-a 7,167]

5 minutes ago, desertjedi said:

 I would assume that there's something in place to address that sort of possible "abuse".

 

 

Nope, nothing besides the other interested parties to your will or estate disputing it.  Unless of course it was murder.

Edited July 23, 2017 by N-o-l-a

[EG&XY 144]

16 minutes ago, desertjedi said:

That's not the part of the law I'm concerned with. I know you can make anyone in the world a beneficiary. I'm referring to the special situation of spousal inheritance. I would assume that if a US citizen winds up dead a week after he marries an immigrant or maybe even a week after his/her spouse gets a green card, he/she may not simply be handed the keys to the Benz. I would assume that there's something in place to address that sort of possible "abuse".

 

I'm going in for major surgery next week and I want a solid will for my wife so that she will inherit everything as smoothly as possible in case anything happens. That's where I'm coming from. It sounds like I don't have anything to worry about. Thanks for all your replies. 

If you don't tell us the specifics that you are concerned with then we can't help to address your concerns. We can only base our responses on the information we are given, and based on your original post it appeared that you had simple questions about inheritance. Your case seems to be a fairly specific one and I think you will get much more reliable answers from a lawyer in this situation. I understand wanting to see if anyone here as any knowledge about these types of situations, but you didn't originally provide these details.

 

Good luck with the surgery. I hope all goes well and you have a speedy recovery.

[Stevephoto 230]

57 minutes ago, desertjedi said:

I'm going in for major surgery next week and I want a solid will for my wife so that she will inherit everything as smoothly as possible in case anything happens. That's where I'm coming from. It sounds like I don't have anything to worry about. Thanks for all your replies. 

Best of luck with the surgery (I had major back surgery 7 weeks ago--I wish you the same "annoying" but relatively "easy" recovery that I am having). Now on to your question: I am not a legal expert by any means, but my take on is that the will takes care of exactly what you are talking about: It names your wife beneficiary even though she is not a US citizen (some international spouses never become US Citizens!) I made out a will naming Joan as specific beneficiary even though the State of Hawaii automatically turns the estate over to the spouse in the absence of a will. Furthermore, a will is very strong evidence of co-mingling of assets for the Removal of Conditions stage of this process. Get the will in place to give yourself peace of mind going into the procedure and then, make a copy to send with your ROC application WHEN YOU HAVE FULLY RECOVERED!!! Please update us when you are back on your feet.

[desertjedi 0]

Thanks for the well wishes!  I'm getting a total hip replacement. The technology is getting better and better. The procedure only takes about 45 minutes and I only need a spinal block - no general anesthesia!