my uncle has a problem and i was wondering if there were some kind of easy solution to this:

my aunt, a US citizen, passed away (as you may recall) a month ago from cancer, and she left a sizeable amount of $tuff. my uncle (her husband), is not a US citizen, and is the de facto owner of her $tuff. now, under existing tax law, does he have to pay any type of inheritance tax?

any quick pointer in the right direction would be greatly appreciated.

 

Was there a will? Was her money in a trust? What other "next of kin" remain in her direct family. I can't recall the default hierarchy for inheretence in the absence of a will, and I think it varies from state to state anyway. Were they married in the US? In a country that has marriages the US legally recognizes?

These are the questions that would need to be answered to determine who gets the assets. If your uncle is definitely getting the assets, then...

...I don't know enough about tax laws (esp. inheretence tax) to give you a reliable answer. You should just look up the tax code. Slog through the Code and the comments in the regulations that correspond to the sections of the Code that apply (they clarify the legislation-speak with examples and stuff). An estates lawyer would know the answer off the top of her head, and could tell you "for a small fee."

If you need a reference, try patricia roberts in Bellevue, WA. I think she still practices. Don't know her office ## offhand.

 

PM Wanabe. I bet he knows.

 

sunchild, thanks! here's the thing: no will, no trust. my uncle and aunt were married in Taiwan, but i know the US recognizes the marriage validity of that small nation.

 

Are the assets in the US?

 

yes. from my limited knowledge and understanding, i would say under CA community property law, since she had no will, it should automatically become my uncle's, right? but since it's community property, it shouldn't be counted as inheritance, right? so there shouldn't be any type of inheritance tax, right?

 

i think the only time there is any *FEDERAL* inheritence tax is if the bequeth is over $600,000 (or higher.. i think this # changes from time to time), but nothing should be due since they are married and the $ is going to the spouse.

*STATES* have taxes that fluxuate depending on your relation...(like non-lineal = 15% here in PA, but maybe siblings is only 6% or so).

In your instance I would talk to someone that is qualified (so it may cost a couple $$$, but worth it), but....if they were married american citizens i would think there would be no taxes of any sort.

goodluck - Scot