Legally Reviewed By Lars Kushner | Beverly Hills Estate Planning Lawyer
Protecting Your International Wealth with a Palm Springs Cross-Border Estate Plan
Owning assets in more than one country creates a legal situation that most estate planning attorneys are simply not equipped to handle. The rules that govern who inherits your wealth, how much gets taxed, and which country has jurisdiction over your estate become enormously complicated the moment you cross an international border. Without a comprehensive plan that accounts for both legal systems, your estate could face double taxation, extended delays in foreign probate courts, and assets that are frozen for years while two governments argue over who has authority.
Palm Springs and the Coachella Valley attract residents and property owners from around the world. Many of our clients maintain significant assets in multiple countries, including real estate, investment accounts, business interests, and retirement funds. A cross-border estate plan is not a luxury for these clients. It is a legal necessity.
Contact Kushner Legal today to speak with a Palm Springs cross-border estate planning attorney about protecting the full scope of your international wealth.
Why Standard Estate Plans Fail International Clients
A standard California estate plan is designed with a single legal system in mind. It accounts for California’s community property rules, federal estate tax exemptions, and the U.S. probate process. It does not account for what happens when you die owning property in Canada, Mexico, the United Kingdom, or elsewhere.
Many countries impose their own inheritance taxes, succession duties, or capital gains taxes on assets located within their borders, regardless of where you lived at the time of death. If your estate plan does not account for these foreign obligations, your heirs could face unexpected and significant tax bills in multiple countries simultaneously.
Foreign probate is another major obstacle. Some countries require a separate probate or succession process for assets located within their borders. This means your estate could be tied up in legal proceedings in two countries at the same time, with no guarantee that the outcomes will be consistent with each other. A well-designed cross-border estate plan addresses both problems before they arise.
The Double Taxation Problem
One of the most serious risks for clients with international assets is double taxation. Two countries can each assert a legal right to tax the same assets, and without proper planning, your heirs may be required to pay both.
The United States imposes a federal estate tax on the worldwide assets of U.S. citizens and permanent residents. If you are also subject to estate or inheritance taxes in another country where you own property, the same assets could be taxed twice.
Some countries have tax treaties with the United States that help mitigate this problem. Others do not. Even where treaties exist, they require careful and precise implementation through your estate planning documents to be effective. We analyze the specific treaty rules and domestic tax laws of every country where our clients hold assets and build those protections directly into the estate plan.
Privacy and the Public Record in International Estates
Cross-border estates are exposed to public probate proceedings in potentially more than one country. In the United States, California probate records are open to anyone. In many other countries, the equivalent succession process is equally public. This means the full scope of your international holdings could become part of the public record not just in California but in every jurisdiction where you own property.
Our Palm Springs clients typically place a high premium on privacy. Proper cross-border planning keeps your assets out of the court system in as many jurisdictions as possible. Where probate cannot be avoided entirely, we work to minimize what becomes part of the public record and ensure that foreign proceedings do not expose information about the full scope of your U.S. estate.
Frequently Asked Questions About Cross-Border Estate Planning
Does my California will cover my foreign property?
Generally speaking, it does not. Most countries apply their own succession laws to real property located within their borders, and many will not automatically honor a foreign will. Some require a separate local will or succession document. We identify exactly what documentation is required in each jurisdiction and build a coordinated plan that covers all of it.
What if I own property jointly with a foreign national?
Joint ownership of real property between a U.S. person and a foreign national creates specific estate tax and succession issues in both countries. The structure of the ownership matters enormously. We analyze the existing ownership structure and recommend adjustments that reduce tax exposure and simplify the transfer at death.
Do I need separate attorneys in each country?
In most cases, yes. Cross-border estate planning requires coordination between legal professionals who are licensed and experienced in each relevant jurisdiction. Kushner Legal manages that coordination process from Palm Springs, serving as your primary point of contact while working directly with trusted foreign counsel on your behalf.
How often should I update my cross-border plan?
Tax laws change. Treaties get renegotiated. Your asset mix evolves. A cross-border estate plan should be reviewed whenever any of these things happen, and at minimum every two to three years. We maintain ongoing relationships with our international clients to ensure their plans keep pace with the law.
Contact Kushner Legal to Protect Your International Estate
If you own assets in more than one country, the cost of not planning is simply too high. Contact a Palm Springs cross-border estate planning attorney at Kushner Legal today to build a coordinated international plan that protects your wealth on every side of every border.