Making A Will For Usa Assets

[healey]

Does anyone have any experience about how to go about making a valid will for my USA assets. I am a USA citizen and a permanent resident of Argentina. Since I do not reside in a USA sate, is it possible for me to make a will. Don't want to use attorneys.

If anyone has any experience on making a USA will as an expat, please let me know.

Cheers,
Healey

 

[nlaruccia]

You can make a will on-line. There are a ton of webpages where you can create a will, print it, and have two witnesses sign it, and it's valid.

http://www.topconsumerreviews.com/wills/

http://www.lawdepot.com/contracts/last-will-and-testament-usa/#.U9KyF7FAUrc

 

[chris]

This is a complex subject. I haven't figured out what to do myself. The question is whether there can be two jurisdictions, i.e. the US and Argentina. Can your will go through probate in the US if you died in Argentina as a permanent resident? My understanding is that the place in which you are living as a permanent resident at the time of death determines which jurisdiction has responsibility for all worldwide assets. If so, I can only imagine a huge mess should a permanent resident of Argentina die here with assets in both countries. Maybe there is a lawyer here who knows Argentine and US law. I'd assume that a will made in the US could go through probate if the courts there had no knowledge of assets in another country; likewise a will made in Argentina would apply to assets in Argentina, according to Argentine law, without special complications if the courts here had no knowledge of property elsewhere. CAN a person have two wills, each one for different countries? Or would assets in the US be subject to taxes and laws of Argentina?

Another consideration here is that inheritance laws are quite different from those of the US. Here you are obliged to give 80% of your estate to your spouse and children (50-50 of the 80%). You can not, under any circumstance, disinherit your spouse, children, grandchildren or even parents. If you have no linear direct relatives, you can will your entire estate to whatever or whomever you want. The only way that you can will 20% to someone outside your family is by stating it in a will (I should think notarized in Argentina to be safe and witnessed).

As for wills in the US, you can do it yourself but be careful. I know of a case in which ambiguous wording caused disasterous results.

If you get a clear answer on this, please let me know. Meanwhile. I really would look for a lwayer -- not just ANY lawyer but one who specializes in inheritance law.

 

[nlaruccia]

I made a will here in Argentina with my assets here. My cousin is an escribano and prepared the paperwork for me. If you don't have a spouse or relative than you can leave everything to the closest family member here. As for assets in the States, I was advised to keep things separate and not complicate matters. I believe and correct me if I'm wrong, that the Argentine government would have to go out of it's way to search for your assets in the States when you are deceased. But consulting with a lawyer would be the best option, just to make sure.

 

[Crema Americana]

I don't know, and I can't offer much advice, but keep in mind that taxes and such work differently for foreigners... even for residents in the US. My mother after 30+ years living in the US and being married to my father finally got her US citizenship for tax/inheritance purposes. So if you want to leave US assets to an Argentine citizen, it may not be so simple. If you have significant assets (important enough not to want to lose or lose a large percentage of) I think you should consult with a lawyer and/or accountant on how best to go about it. If you have heirs/beneficiaries in both countries, that only further complicates matters.

 

[clooz]

I have been through the process of doing this. The best resource by far I found and the only one I trust for non-attorney US WIlls and Trust info was NOLO press - a Berkeley based publisher of legal books. They have online copies of their books.

The simple will form has become standardized across the different US states, but the signature requirements still vary a little by county or state. To expedite getting a basic Will complete, first just use the standard "simple" Will form and the most stringent signature requirements. Basically find 3 witnesses (non-relatives and non-beneficiaries) of whom any two who will be living and traceable by your beneficiaries when the time comes for the Will to be used, and sign the Will in their presence. As I recall the standard Will form asks for the County but not residence addresses of each signer.

 

[clooz]

Can your will go through probate in the US if you died in Argentina as a permanent resident? My understanding is that the place in which you are living as a permanent resident at the time of death determines which jurisdiction has responsibility for all worldwide assets.

The solution to avoiding the problems and attorney costs entailed by US Wills and probate courts even for very very small amounts of property is by moving property into a Living Trust. The property is transferred into the title of the trust while you are alive, then when you die the property is assigned from the trust to beneficiaries. This does not require any probate court or other courts to be involved, so the issue of court jurisdiction does not arise. Moreover the trust contents are not made public. The only property that it is convenient to leave outside the Living Trust are checking accounts and credit cards, IRA or 401k accounts and perhaps a car or other vehicle. The Living Trust doc today is about as standard as a simple Will, and you can fill one out without an attorney. You do need a reliable person to act as the executor of the trust - usually the primary beneficiary can do this. (If your primary beneficiary is a minor, you need an trusted attorney and executor). In any case, you still need a Will to indicate your intentions for the care of minors, and to dispose of checking accounts and such. But because now the Will does not cover property that is in the Living Trust there is less cause for challenge.