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  1. #1

    Default Will by Non-Resident to the Residents

    My question involves estate proceedings in the state of: no state and CA
    Hello,
    Does anyone know if a Will can be created if a Testator is not a resident in the US any more, but the assets (only assets in the banks) are in the US and the beneficiaries are the residents of CA? If yes, who can create a Will like this? My on-line search didn't give me any results on this issue. Thank you.

  2. #2
    Join Date
    Nov 2013
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    Default Re: Will by Non-Resident to the Residents

    If the only assets are bank or brokerage accounts and you (or whoever) is the named beneficiaries to those accounts (payable on death) and there is no real property then you really don't need a will.

    The person dies. You take the death certificate to the bank, prove you are the named beneficiary and you get the assets.

  3. #3
    Join Date
    Mar 2013
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    Default Re: Will by Non-Resident to the Residents

    "Any more"?

    Why didn't the testator create a will while still a resident?

    If yes, who can create a Will like this?
    There's no reason that a California attorney can't create the will per the testator's instructions and send it to him for witnessing per California law.

    Then the testator can entrust the will to a person of his choosing.

    Keep in mind that the testator should also have a will the complies with the laws of his own country for any assets that he possesses in his country.

  4. #4
    Join Date
    Jul 2018
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    Default Re: Will by Non-Resident to the Residents

    Quote Quoting HOAonemember
    View Post
    Does anyone know if a Will can be created if a Testator is not a resident in the US any more, but the assets (only assets in the banks) are in the US and the beneficiaries are the residents of CA?
    Of course, but the question as phrased is probably not what you intended to ask, and I'm not really sure what you might have intended. Obviously, regardless of where a person lives, that person can create a will. If, for example, the testator lives in France, then his/her will will be governed by French law. If the French testator owns property in California, then ancillary probate proceedings may need to be commenced in California.

    It might be helpful if you clarified your question.

  5. #5
    Join Date
    Aug 2020
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    united states
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    Default Re: Will by Non-Resident to the Residents

    from my opinion, after seeing your query,
    Every state has its different estate planning/will law,
    so for every country,
    A will should not be created for this kind of situation.
    Smith Clea writes on estate planning topics, she can be reached through rochesterlawcenter.com

  6. #6

    Default Re: Will by Non-Resident to the Residents

    Quote Quoting budwad
    View Post
    If the only assets are bank or brokerage accounts and you (or whoever) is the named beneficiaries to those accounts (payable on death) and there is no real property then you really don't need a will. The person dies. You take the death certificate to the bank, prove you are the named beneficiary and you get the assets.
    Is that simple? And if there are two children of a deceased parent then a bank can distribute the assets 50/50? Can a bank do this? Does it need a court order?
    I will call to my banks to confirm on that. Thank you for a good idea1

    Quote Quoting adjusterjack
    View Post
    Why didn't the testator create a will while still a resident?
    Every time I moved from state to state, I needed to re-write the will, because it is not valid if I become non-resident. Waste of money.


    Quote Quoting adjusterjack
    View Post
    There's no reason that a California attorney can't create the will per the testator's instructions and send it to him for witnessing per California law.
    Then the testator can entrust the will to a person of his choosing.
    But I am not a resident of CA and CA wasn't my last residence before moving abroad. My two children still live in CA, but does it matter in what state beneficiaries live?


    Quote Quoting adjusterjack
    View Post
    Keep in mind that the testator should also have a will the complies with the laws of his own country for any assets that he possesses in his country.
    Yes, thank you. I am aware of this and there is no inheritance tax law here for the out-of-country assets.

    Quote Quoting pg1067
    View Post
    Of course, but the question as phrased is probably not what you intended to ask, and I'm not really sure what you might have intended. Obviously, regardless of where a person lives, that person can create a will. If, for example, the testator lives in France, then his/her will will be governed by French law. If the French testator owns property in California, then ancillary probate proceedings may need to be commenced in California.

    It might be helpful if you clarified your question.
    I was a resident in one of the states before moving abroad. I only have bank and investment accounts in the U.S. No other assets.
    In case of my death, will it be simple for my two children who live in the the U.S. to request from the banks to distribute my assets to them? Or is it better for me to create a Will? But can I create the Will if I am no longer a resident of any state in the U.S. and the will is done by the laws of a state where a Testator resides.

    Quote Quoting smithclea
    View Post
    from my opinion, after seeing your query,
    Every state has its different estate planning/will law,
    so for every country,
    A will should not be created for this kind of situation.
    This is what I though and it is why I placed my question here just to be sure that I am not mistaken and there is a way. I already created wills for other countries where I have assets. Every country requires a separate will. But I am confused about the U.S.

  7. #7
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    Default Re: Will by Non-Resident to the Residents

    Quote Quoting HOAonemember
    View Post
    Is that simple? And if there are two children of a deceased parent then a bank can distribute the assets 50/50? Can a bank do this? Does it need a court order?
    I will call to my banks to confirm on that. Thank you for a good idea1
    You as the owner of the accounts can designate whomever you want to be the beneficiaries of the POD and in what proportions you want. So if you want your children to get a 50/50 split you fill out the form to say so and the bank or brokerage will distribute the assets accordingly upon proof of your death.

  8. #8
    Join Date
    Oct 2006
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    Default Re: Will by Non-Resident to the Residents

    Quote Quoting HOAonemember
    View Post
    Is that simple? And if there are two children of a deceased parent then a bank can distribute the assets 50/50? Can a bank do this? Does it need a court order?
    I will call to my banks to confirm on that. Thank you for a good idea1



    Every time I moved from state to state, I needed to re-write the will, because it is not valid if I become non-resident. Waste of money.



    But I am not a resident of CA and CA wasn't my last residence before moving abroad. My two children still live in CA, but does it matter in what state beneficiaries live?



    Yes, thank you. I am aware of this and there is no inheritance tax law here for the out-of-country assets.



    I was a resident in one of the states before moving abroad. I only have bank and investment accounts in the U.S. No other assets.
    In case of my death, will it be simple for my two children who live in the the U.S. to request from the banks to distribute my assets to them? Or is it better for me to create a Will? But can I create the Will if I am no longer a resident of any state in the U.S. and the will is done by the laws of a state where a Testator resides.



    This is what I though and it is why I placed my question here just to be sure that I am not mistaken and there is a way. I already created wills for other countries where I have assets. Every country requires a separate will. But I am confused about the U.S.
    In order for the bank (or the investment broker) to give your money to your heirs, you must fill out official paperwork for each account, naming them as beneficiaries to the account. That information must be on file with the bank and the brokerage. What you need to do is ask each bank or brokerage to provide you with copies of their official paperwork to name beneficiaries to your account. They will give you the paperwork, and you will fill it out and return it to them.

  9. #9
    Join Date
    Jul 2018
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    2,589

    Default Re: Will by Non-Resident to the Residents

    Quote Quoting HOAonemember
    View Post
    I was a resident in one of the states before moving abroad. I only have bank and investment accounts in the U.S. No other assets.
    In case of my death, will it be simple for my two children who live in the the U.S. to request from the banks to distribute my assets to them? Or is it better for me to create a Will? But can I create the Will if I am no longer a resident of any state in the U.S. and the will is done by the laws of a state where a Testator resides.
    I already told you that, regardless where a person lives, that person can create a will. We cannot know ahead of time whether a will that has yet to be created will comply with the laws of any given state. All that said, if the only assets you have in the U.S. are bank and investment accounts, you can name a pay-on-death beneficiary, and those assets will bypass any probate process. Contact your bank and investment advisors to confirm that you have already done this or, if you have not, about how to do it now.

  10. #10

    Default Re: Will by Non-Resident to the Residents

    Thank you all for your kind reply. I will contact my banking and investment institutions for that. It looks simple.
    Again, many-many thanks for your time and wisdom!

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