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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Estate Planning

Date & Time
  • event Date

    Thursday, July 27, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide estate planning counsel with a review of critical issues that arise when a nonresident decedent's estate owns assets in the United States. The panel will explain the practical challenges in obtaining original or ancillary probate or administration, potential conflicts between the law of decedents' domicile and U.S. inheritance law, the relevance of foreign marital property rules and U.S. recognition of foreign marriages, U.S. estate taxation issues, and collection procedures.

Faculty

James I. Dougherty
Partner
Dungey Dougherty PLLC

Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries through all aspects of the estate administration process including probate, contested estates, contentious trust litigation, tax, and post-mortem estate planning issues. His practice also includes working with affluent individuals in the development and implementation of sophisticated planning techniques to help them accumulate, preserve, and transfer their wealth. In addition to helping clients navigate through complex estate matters and identifying planning opportunities, he is a frequent author and speaker, nationally and internationally, on estate, trust, tax, and probate matters.


 

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T. Sandra Fung
Partner
Withersworldwide

Ms. Fung is part of the firm's private client and tax team. Her practice focuses on private wealth matters with an emphasis on transfer tax, trust and estate planning. Her clients include high-net- worth individuals, families and family offices. She co-authored the article, Regulatory Outlook After Trump’s Tax Reform: IRS releases revised priority guidance plan and proposed amendments.

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Description

As the number of nonresident high net worth clients who own property in the United States continues to rise, estate planning practitioners need to recognize the unique issues in connection with non-citizen decedents. Counsel must prepare to advise on estate and gift tax planning with an eye toward probate, estate administration, and the administration of trusts.

U.S. tax law provides rules for determining whether a person is a nonresident and the situs of assets. Treaty provisions that overrule the Code are not always intuitive and the differences raise issues not encountered with the administration of the estates of U.S. citizens and domiciliaries.

Counsel must understand the practical issues in obtaining original or ancillary probate or administration, potential conflicts between the civil law of the nonresident's domicile and U.S. inheritance laws, U.S. treatment of marital property regimes, U.S. estate tax situs rules, and estate tax treaties and collection procedures.

Listen as our panel of experienced international estate planning attorneys discusses legal, tax, and practical issues that arise when nonresident/non-citizen decedents own U.S. assets. The panel will also identify potential trouble spots and pitfalls to avoid.

Outline

  1. Practical issues in obtaining original or ancillary probate or administration
    1. Potential conflicts between civil law of decedent's domicile and U.S. inheritance law
    2. The relevance of foreign marital property rules
  2. U.S. estate taxation basics
    1. Situs rules
    2. Determining the taxable estate
    3. Application of estate tax treaties
  3. Collection procedures
    1. Who pays the tax
    2. Federal transfer tax certificates
  4. Multi-jurisdictional estate litigation

Benefits

The panel will review these and other crucial issues:

  • What are the practical considerations for counsel involving original or ancillary probate or trust administration?
  • What are the potential conflicts between the civil law of the decedent's domicile and U.S. inheritance law?
  • What are the U.S. estate tax issues for estate planning counsel?
  • What are the most problematic collection procedures?