A Cross-Border Strategy is Needed for Estate Planning with Assets Overseas

November 11, 2025

Ultra-high-net-worth families often live, invest and give across borders. A plan that works in one country can misfire in another. Different rules on domicile, tax residency, marital property and forced heirship can alter who inherits and how much tax is due. Institutions may also block access to accounts until local requirements are met. A cross-border strategy is needed for estate planning with assets overseas. It brings these moving parts into one coherent framework, so heirs receive what you intend with fewer delays and fewer surprises.

Where Plans Break Across Borders

Countries define domicile and tax residency in different ways. One country may view you as a resident based on days present, another based on ties such as a home or family. Several civil law jurisdictions enforce forced heirship, which reserves a portion of an estate for children or a spouse regardless of what your will says.

Community property and separate property systems divide marital wealth differently. Without alignment, the same asset can face competing claims or double taxation. Bank secrecy and data rules can also slow access, especially when fiduciaries lack translated and apostilled documents.

Building A Multi-Jurisdiction Framework

Begin by documenting where you are treated as tax resident and where you are domiciled. Keep residency certificates, visa records and professional analyses that explain treaty positions.

Next, identify succession rules that could override your choices. Some jurisdictions allow you to elect the law of your nationality or habitual residence to govern your estate. Make that election clearly in your will or trust if it is available and ensure that each country where you hold assets will honor it.

Align legal structures with asset locations. Company shares, private funds and real estate often benefit from situs-appropriate holding entities or trusts that are recognized locally.

Confirm whether the jurisdictions you care about recognize common law trusts, civil law foundations, or both. Where recognition is limited, consider alternatives such as shareholder agreements, life insurance wrappers, or local testamentary tools.

Coordinating Fiduciaries and Access

Execution details matter. Appoint executors and trustees who can act in each country or name local co-fiduciaries where required. Prepare notarized and apostilled copies of core documents and translations into the languages your institutions require.

Maintain a secure inventory of accounts, safekeeping locations and key relationships, along with device passcodes and instructions for two factor authentication. These access steps are as necessary as the legal documents, since many institutions will not release information without them.

Philanthropy, Art, And Liquidity

Cross-border philanthropy can trigger registration, reporting, or withholding. Decide whether to use a single foundation, parallel entities, or donor-advised funds in more than one country, for art, yachts, aircraft and collectibles, track situs, export and cultural property restrictions and insurance conditions.

Plan liquidity for taxes that may be due before private business interests or real estate can be sold. Consider credit facilities, life insurance, or staged distributions to avoid forced sales at a discount.

Using Multiple Wills Safely

Many families benefit from separate wills for different countries. Each will should cover only assets in its jurisdiction and should state that it is limited in scope so it does not revoke the other will. Coordinate signing formalities, witnesses and governing law choices. Keep originals and certified copies in a location where fiduciaries can easily access them.

How An Estate Planning Law Firm Can Help

An estate planning law firm with cross-border experience can map domiciles and residencies, make governing law choices where permitted and tailor trusts or entities that local courts and registries recognize. A cross-border strategy is needed for estate planning with assets overseas. If your life spans more than one country, schedule a consultation so a lawyer can align documents, structures and access protocols before a crisis forces hurried decisions. If you would like to learn more about estate planning for assets overseas, please visit our previous posts.

Reference: Forbes (September 24, 2025) “Cross-Border Estate Planning Guide, Essential Strategies For Ultra High-Net-Worth Families”

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Choosing a Guardian for Minor Children is Critical

October 14, 2025

Parents often focus on wills, trusts and financial planning. However, they overlook naming a guardian for their children. Choosing a guardian for your minor children is a critical step. Without this step, a court may decide who raises the child if both parents are unable to do so. While judges consider family ties and the child’s best interests, the decision may not reflect your preferences. Proactive planning provides peace of mind and helps prevent uncertainty during an already challenging time.

Key Considerations in Choosing a Guardian

Guardian selection should not be rushed. Families should weigh a variety of factors before naming someone.

Emotional and Practical Suitability:

The guardian should have the ability and willingness to provide both emotional stability and day-to-day care. Consider their relationship with the child, their parenting style and their values. A guardian’s age and health also matter. While grandparents may love deeply, they may not be physically equipped to raise young children long-term.

Financial Stability:

Raising children is expensive. A guardian does not need to be wealthy. However, they should have the financial means to provide a stable home. Estate planning tools, such as life insurance and trusts, can supplement the guardian’s resources and ensure that children’s needs are met.

Location and Lifestyle:

The guardian’s location may affect schooling, friendships and the child’s sense of continuity. Consider whether relocation would be necessary and assess the potential disruption it might cause. Lifestyle factors, such as work commitments, existing family dynamics, or religious beliefs, should also be considered to ensure alignment with your wishes.

Naming and Documenting a Guardian

Once you have decided on a guardian, it is crucial to make the designation legally binding.

Using a Will or Legal Document:

The primary place to name a guardian is in your will. Without this, the court decides. A clear, legally valid designation ensures your choice is respected. In some cases, you may include alternates if the first choice is unable or unwilling to serve.

Open Communication with Potential Guardians:

Before finalizing the decision, have an honest conversation with the chosen guardian. Confirm that they are comfortable with the responsibility and that they understand your expectations. Discuss practical matters, such as education, healthcare and long-term goals for your children.

The Role of Estate Planning in Supporting Guardians

A guardian’s role is primarily personal and emotional. However, financial structures can ease the transition.

Trusts to Manage Assets:

Appointing a trustee to manage the child’s inheritance allows the guardian to focus on caregiving. The trustee and guardian may be the same person or different individuals, depending on your comfort level. Separating financial and caregiving roles can sometimes reduce conflicts and ensure accountability.

Regular Review and Updates:

Life circumstances change. A chosen guardian may move, experience health problems, or no longer be the best fit. Revisiting your estate plan every few years ensures that the guardian designation remains appropriate.

Why Legal Guidance Is Essential

Guardian selection is a deeply personal decision. However, it also has legal and financial implications. An estate planning attorney ensures the designation is executed correctly and that supporting documents, such as wills, trusts and powers of attorney, work together to provide a safety net for your children.

Choosing a guardian for your minor children is a critical. Consulting an estate planning law firm provides peace of mind that your children will be cared for according to your wishes. If you would like to learn more about guardianship, please visit our previous posts.

Reference: BabyCenter “How to choose a guardian for your child”

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Preparing an Estate Plan when Children Live in Another State

October 7, 2025

Zoom calls, text groups and old-school phone calls make staying in touch with adult children and grandchildren far easier than in the past. However, there are some things where being in a different state requires extra care. Preparing an estate plan when children live in another state, is one example. When the time comes to set an estate plan in place, it’s critical to know how estate plans are managed in other states, according to a recent article, “Estate plans can get complicated with out-of-state children” from the Cleveland Jewish News.

Every state has its own rules, and, in some cases, every local court has its own rules. In one state, the probate court may be fine with having an out-of-state executor. However, some states may not allow an out-of-state executor without having an additional in-state co-executor. Alternatively, they may require the out-of-state executor to post a bond, which can incur additional costs and be invasive, as it involves a credit check.

The easiest way to avoid this is by having estate planning in place long before it’s needed. This may not be top of mind when people are in their 40s or 50s. However, the general rule is that if you have assets, you need an estate plan.

Even college students or recent grads who only have savings and checking accounts need an estate plan. Parents of students over 18 need to be designated as their child’s health care power of attorney, so they can make medical decisions for their child. Anyone going off to college needs to have both a financial POA and a healthcare power of attorney document.

Suppose all the children live out of state. In that case, it is a good idea to establish a relationship with an estate planning attorney and other financial professionals so they can step in if the family can’t be present to pull together the many documents needed to settle an estate. While it’s not unusual for an estate planning attorney to go to a deceased person’s home and dig through their paperwork to find tax returns and financial records, it’s not ideal. It would be far better for family members to take care of these tasks in advance.

How property is left to heirs is also governed by state law and could result in different family members receiving different amounts. For example, Ohio doesn’t have an inheritance tax, but Pennsylvania does. One heir could find their inheritance decreased significantly because of an inheritance tax, while another would receive their inheritance tax-free.

You’ll want to be sure there are no ambiguities in the estate plan so the executor will have clear directions. Preparing an estate plan when children live in another state doesn’t have to be hard. A conversation with your estate planning attorney and executor in advance of your death could feel a bit macabre. However, it could prevent a host of problems in the future. If you would like to learn more about estate planning, please visit our previous posts.

Reference: Cleveland Jewish News (Sep. 10, 2025) “Estate plans can get complicated with out of state children”

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Your Collection Needs to Be Part of Your Estate Plan

October 2, 2025

Your collection needs to be part of your estate plan. No matter how much you love your collection of Star Wars memorabilia, your executor could pack it up and take it to a donation center unless you make it part of your estate plan. In the article “That baseball card collection? You need an estate plan for it,” USA Today explains what to do to ensure your collection doesn’t vanish soon after your death.

If you don’t have a will, don’t expect your collection to outlast you. Here’s what you need to do to protect your collection:

Document the collection. It doesn’t matter if your collection has sentimental or financial value. Make a detailed record of what you have and what it might be worth. Use a cell phone camera and a spreadsheet or a file folder. Include a description of everything in the collection, how you obtained it, why you believe it’s valuable, what you paid for it, including receipts and what it might be worth today. If you can’t manage a spreadsheet, then take photos or a video.

While you’re documenting your collection, it’s a good time to take videos of every room in the house. If there’s a disaster, you’ll have a record of everything in your home to show the insurance company.

If your collection is of any monetary value, you’ll need to be sure it’s insured. Don’t make the mistake of thinking homeowners’ insurance will cover it. These policies vary widely and may not include your collection. You may want to take out a valuable items policy to cover jewelry, musical instruments and other kinds of collections. Before issuing the additional coverage, the insurance company may ask you to document your collection, and have it appraised.

A professional appraisal could get expensive. However, if you own high-value artwork or if your collection is more than two boxes of Beanie Babies, having the collection appraised will help with insurance coverage. An appraisal will also help with estate planning.

To avoid your collection ending up in a donations bin, take the time to educate your heirs about your collection and its value. Tell them where you keep it, what it’s worth and where to find documentation about its value and provenance. If they aren’t interested in keeping it, then you can either find a dealer or auction house to take it while you are living or give your heirs information about where they should sell it.

Depending on the value of your collection, you may want to secure it by including it in a trust. Trusts allow you to give very specific directions on where the collection should go. You might want to give half of your wine cellar to one kid and the other half to a niece, for instance. The important thing is to include your collection and any personal property with sentimental value in your estate plan, so your heirs are clear about your intentions.

Your collection needs to be part of your estate plan. An estate planning attorney can help you create an estate plan, including your collectables and various personal items, to make sure your wishes are known and followed. Families fight over the most minor details when grieving. You can prevent any squabbles by creating an estate plan with clear directions, which is a gift in and of itself to your loved ones. If you would like to learn more about adding personal items or property to your estate plan safely, please visit our previous posts.

Reference: USA Today (Sep. 6, 2025) “That baseball card collection? You need an estate plan for it”

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Protect Your Child’s Inheritance in a Second Marriage

September 24, 2025

Having a revocable trust may or may not protect assets for biological children on the death of their parent if the parent has remarried. This is why a recent article from the New Hampshire Union Leader, “Know the Law: Ensuring Assets go where you want in your revocable trust,” advises readers to speak with an experienced estate planning attorney about how to protect your child’s inheritance in a second marriage.

Surviving spouses in many states are permitted to claim an elective share of their deceased spouse’s estate to avoid being disinherited or being inadequately provided for when the spouse dies. If the decedent has children, the surviving spouse is entitled in some states to one-third of the probate estate. In some states, revocable trust assets are not automatically included as part of the decedent’s probate estate.

If there are assets in a revocable trust for children, they may be protected if the surviving spouse waives testate distribution and decides they’d rather claim the statutory elective share. Under certain circumstances, the surviving spouse could ask the court to set aside transfers of assets made into the revocable trust. If the court determines the transfers were invalid, then the revocable trust will become part of the probate estate and part of the elective share calculation.

In some states, the scope of the statutory elective share automatically includes assets in revocable trusts. Suppose someone moves from a state where this is not the case to a home in a state where revocable trust assets are considered part of the probate estate for elective share purposes and the estate is probated in the new state. In that case, that portion of the revocable trust assets will be available to the surviving spouse.

If the revocable trust isn’t fully funded and the assets intended to go into the trust remain in the spouse’s name, such as bank accounts and real estate, those assets will also be part of the probate estate.

Depending upon the plan rules and state laws, surviving spouses may also automatically be the beneficiary of any qualified retirement accounts, like 401(k)s or 403(b)s. Unless the spouse waives their right to the survivor benefits, they are, in most cases, the only person who will receive the pension assets.

Concerns about not disinheriting children from a prior marriage are often addressed through estate planning. However, a pre-nuptial agreement could also define what each spouse would be entitled to in the event of a divorce or when each spouse dies.

A consultation with an estate planning attorney in your state should take place to protect your child’s inheritance in a second marriage. It’s best to address the issues before walking down the aisle to prevent any misunderstandings in the future and start a new marriage with a clean slate. If you would like to learn more about remarriage protection, please visit our previous posts.

Reference: New Hampshire Union Leader (Aug. 18, 2025) “Know the Law: Ensuring Assets go where you want in your revocable trust”

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How Wealth is Distributed in Blended Families

September 2, 2025

This summer’s passing of Ozzy Osbourne was mourned by heavy metal fans. Whether you liked his music or not, Osbourne left an estate estimated to be worth $230 million plus future royalties, reports a recent article from Think Advisor, “What Wealthy Families Can Learn From a Rock Star’s Estate.” It caught the attention of estate planning attorneys for lessons about how wealth is distributed in blended families. Whether you liked his music or not, Osbourne left an estate estimated to be worth $230 million plus future royalties, reports a recent article from Think Advisor, “What Wealthy Families Can Learn From a Rock Star’s Estate.”

There’s no estate battle for now. However, only time will tell if the Osbourne family faces issues like those of many blended families. There’s no simple playbook for these situations, and the best outcomes require the counsel of an experienced estate planning attorney and savvy planning.

Creating trust structures to balance a surviving spouse’s financial well-being with inheritances for children from prior marriages takes knowledge and experience. A plan needs to be proactively created and regularly revisited to affirm the choices made. The challenge is anticipating potential disputes.

An ill-conceived plan would be to place all the assets in a single trust to benefit the surviving spouse during their lifetime and then have the assets flow to the biological children after their death. This sounds like a good solution. However, the arrangement puts the surviving spouse’s interests at odds with those of the children. They’re waiting for the surviving spouse to die for their inheritance and have no control over how much money is spent. They might end up with nothing, despite the best intentions of the deceased spouse.

Another solution with potential for disaster is creating an estate for the benefit of the surviving spouse and putting one or more of the biological children in charge of the estate in an attempt to balance the structure. The surviving spouse is now dependent upon the biological children to ask for money, which can create more problems than it solves.

A controlling trustee is often considered a potential solution for blended family estate plans. If the surviving spouse is intent on blowing through the money, the children can go to court and file a lawsuit to ensure that their rights and interests are protected. However, litigation is expensive and divisive.

A better idea might be to leave the house and a portion of the liquid estate to the surviving spouse, while leaving the rest of the estate to the children. The goal is to prevent tension between family members over access and control of assets.

An estate plan for a blended family requires effective communication, thorough planning and a delicate balance to protect the interests of all parties. It’s not easy. An experienced estate planning attorney can help you understand how wealth is distributed in blended families to ensure that it remains effective over time. The result of a blended family remaining a family after one of the spouses has passed can be more of a legacy than wealth. If you would like to learn more about planning for blended families, please visit our previous posts.

Reference: Think Advisor (Aug. 11, 2025) “What Wealthy Families Can Learn From a Rock Star’s Estate”

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Parents with Young Children need an Estate Plan

August 27, 2025

More than 60% of parents with minor children don’t have a will, according to several national surveys. This is a serious lapse, as parents need a will to appoint a person to raise their children if the parents die. The solution is not that difficult, says a recent article from Seattle’s Child, “Why every parent needs a will.” Parents with young children need to have an estate plan.

An estate plan includes several documents serving to protect children in case of their parents’ death. The guardian is named in the will. Trusts are used to provide funds for the child’s upbringing and to protect any inherited assets, so the child can’t access them until they are mature enough to make sound financial decisions.

If there is no will or other estate planning documents, there are default laws and procedures to determine who will become the guardian of the minor child and what will happen to the parent’s assets. The court could decide the child should be raised by a blood relative who lives many states away, taking the child from their home and community during a time of great stress.

If parents would rather the child remain in their school and community, having a will and naming a close family friend as their guardian could prevent the child from being uprooted from everyone and everything they know.

Many people make the mistake of thinking their spouse automatically inherits their estate. However, this depends upon the laws of your jurisdiction. In some states, the estate is divided between the spouse and the children. If the children are minors, they cannot legally inherit property. Therefore, their portion of the inheritance may be controlled by an administrator appointed by the court. If this occurs, the surviving spouse will receive a smaller inheritance, which may make it financially impossible to stay in the family home. Placing the surviving spouse in a position where they must request funds from a court-appointed administrator is not a pleasant legacy to leave.

If there is no will, the court divides assets according to the law of intestacy—the state’s laws. Children who inherit a full estate upon reaching the age of 18 are rarely ready to manage large amounts of money. Creating a trust for the benefit of a child, with a trustee who will manage the assets and provide directions on when to disburse funds and for what purposes, solves this problem.

When going through the estate planning process, you’ll also need to select someone to be your personal representative after you’ve died. The executor obtains death certificates, notifies Social Security and other government agencies, consolidates assets, pays bills and pays taxes for the estate and your final personal income taxes.

Parents with young children need to have an estate plan. Planning for what could happen in the future when your children are young is not as much fun as going on a family vacation or decorating a nursery. However, taking care of this will ensure that your beloved children are protected according to your wishes. This is a legacy of love. If you would like to learn more about planning for young parents, please visit our previous posts.

Reference: Seattle’s Child (July 25, 2025) “Why every parent needs a will”

Common Trust Mistakes to Avoid

August 19, 2025

A trust helps manage your assets during your lifetime and after death. It allows you to avoid probate, plan for incapacity and maintain privacy. However, creating a trust is only the beginning. Many people fail to maintain or properly structure their trusts, which can jeopardize their intended benefits. There are some common trust mistakes to avoid.

Failing to Fund the Trust

The most common and critical mistake is failing to transfer assets into the trust. A trust without assets—sometimes called an “empty trust”—offers no legal control. If your real estate, accounts, or investments aren’t retitled in the trust’s name, they remain subject to probate.

This oversight defeats one of the primary purposes of a trust. Ensuring that assets are properly titled or assigned to the trust is essential. Work with an attorney to confirm that your trust is fully funded, especially if your assets change over time.

Choosing the Wrong Trustee

The trustee plays a vital role in managing and distributing the trust’s assets. Selecting someone based on family ties rather than capability can lead to conflicts or mismanagement. A trustee should be financially literate, organized and impartial.

Some people name co-trustees, thinking it will balance power. However, this can complicate decision-making. If there’s any concern about fairness, consider naming a professional fiduciary or trust company that is more familiar with managing assets instead.

Not Updating the Trust

Major life events—such as marriage, divorce, births and deaths—require updates to your trust. Yet many people forget to review their documents for years. This can result in outdated beneficiaries, removed heirs, or outdated guardianship preferences.

Changes in tax or state law may impact how your trust operates. Regular legal reviews help ensure that your trust accurately reflects your current wishes and complies with current laws and regulations.

Overlooking Tax Implications

Trusts can offer tax benefits. However, they can also trigger tax obligations if not properly structured and administered. For example, irrevocable trusts may have different tax rules than revocable ones. Failing to coordinate your trust with your overall tax and estate plan may reduce your assets and increase liability for your heirs.

These common trust mistakes to avoid happen every day, because people do not take the time to create them properly. By working with a financial advisor and estate planning attorney, you can optimize your trust in a tax-efficient manner. If you would like to learn more about trusts, please visit our previous posts.

Reference: Investopedia (March 04, 2025) “Lessons From the Ultra-Wealthy: Avoid These Common Trust Mistakes”

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Common Reasons to Avoid Probate Court

August 7, 2025

Probate is the legal process of distributing a person’s assets after death. While it serves an important function, it often comes with drawbacks: delays, expenses and public records. For families seeking to settle affairs smoothly and maintain privacy, avoiding probate through effective planning can be a more efficient approach. There are some common reasons to avoid probate court.

1. Probate Often Involves Significant Delays

Probate cases can take months or even years to resolve. Court schedules, required notices to creditors and potential disputes all slow the timeline. During this period, heirs may not be able to access key assets, which can lead to financial strain, mainly when a surviving spouse or dependent relies on those funds.

2. The Process Can Be Expensive

Court filing fees, executor compensation, attorney fees, appraisals and other administrative costs reduce the value of the estate. These expenses are often paid out of the estate’s assets, leaving less for beneficiaries. In complex or contested estates, costs can escalate rapidly and frequently exceed initial expectations.

3. Public Records Compromise Privacy

Once a will is entered into probate, it becomes a public record. Anyone can review the details of the estate, including its contents, beneficiaries and asset distribution. For families that value discretion, avoiding probate helps keep financial and personal matters private and confidential.

4. Disputes are More Likely

Probate offers an open door for challenges. Heirs, creditors, or estranged relatives may contest the will, resulting in prolonged legal battles and increased stress. With proper estate planning—such as creating trusts or utilizing beneficiary designations—assets can be transferred more directly, thereby reducing the likelihood of conflict.

5. There are Better Alternatives to Probate

Revocable living trusts, payable-on-death accounts and joint ownership arrangements can bypass probate altogether. These strategies enable assets to be passed to beneficiaries quickly and efficiently without requiring court oversight. While not suitable for every asset or family, they offer powerful tools when used correctly in a broader estate plan.

These are just five of the most common reasons to avoid probate court. An estate planning attorney can help you weigh these options and structure your affairs to serve your family’s needs best, during your lifetime and beyond. If you would like to learn more about probate, please visit our many previous posts on the subject.

Reference: Charles Schwab (July 14, 2023) “The Benefits of Avoiding Probate”

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Ensure Your Heirs Have Access To Your Crypto Holdings

July 9, 2025

Cryptocurrency offers a modern way to build and store wealth. However, it presents serious estate planning challenges. Unlike traditional financial assets, crypto holdings are decentralized and password-protected, making them nearly impossible to recover without proper documentation and access to the relevant keys. If your heirs don’t know where your digital wallets are or how to access them, your assets could be lost forever. There are some proven legal ways to ensure your heirs have access to your crypto holdings.

Why Estate Planning for Cryptocurrency Is Essential

Crypto is not held in a centralized institution that your executor can call or visit. Whether stored in a hardware wallet, mobile app, or digital exchange, these assets often require a complex series of credentials, passcodes, or private keys. These layers of security are crucial for protection. However, they also make it easy for the funds to become inaccessible after your death.

Estate planning ensures that someone you trust can locate and access these assets. That means documenting what you own, where it’s stored and how it can be accessed, without creating a security risk during your lifetime.

What You Should Include in Your Estate Plan

You don’t need to list the exact value of each holding, since values fluctuate. However, you should specify each type of cryptocurrency and where it’s stored. This may include cold wallets, online exchanges, or mobile wallets. You should also provide detailed instructions on accessing any necessary private keys or passwords, ideally stored in a secure location separate from the central system.

Designate a knowledgeable fiduciary—someone capable of handling digital assets—and consult an estate planning attorney who understands crypto laws in your state. Traditional executors may lack the technical expertise to manage cryptocurrency securely.

Tools to Protect Digital Assets

Some people store crypto credentials in a fireproof safe or safety deposit box. Others use password management services. You may also consider a digital asset memorandum—an informal letter that complements your will or trust and lists crypto-related information. This document can be updated without changing your formal estate plan, keeping it flexible and secure. These are but a few proven legal steps to ensure your heirs have access to your crypto holdings.

Failing to plan could leave your loved ones unable to claim what’s rightfully theirs.

Key Takeaways

Cryptocurrency requires special planning: Unlike bank accounts, crypto is decentralized and harder to recover without advanced documentation.
Heirs need specific access instructions: Without private keys or passwords, your digital wealth may be unrecoverable.
Designate a tech-savvy fiduciary: Choose someone who understands how to manage and transfer digital assets securely.
Store information securely: Use a secure, encrypted storage system or legal tools, such as a digital asset memorandum.
Consult a knowledgeable estate lawyer: Crypto adds complexity that demands proper legal and technical guidance.

If you would like to learn more about including digital assets in your estate plan, please visit our previous posts.

Reference: Investopedia (March 23, 2025) “Estate Planning for Crypto: What Happens When You Die?”

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Category: Inheritance