QUESTION
Is the inheritance of a non-US citizen-spouse of a non-US citizen-decedent limited to $100,000 under any circumstances? If so, which circumstances?
Asked on Oct 05th, 2013 on Trusts and Estates - California
More details to this question:
Both decedent and spouse are Permanent US Residents = green-card holders. A financial advisor has expressed the questioned opinion; I have not found support for it in IRC 2056A commentaries.
1 ANSWER
Taxation Attorney serving Santa Monica, CA
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Inheritances are not limited - but could be taxed (no marital deduction) if not placed in a special "Qualified Domestic Trust." The survivng spouse may have the option to become a US citizen and avoid the issue.
Answered on Oct 06th, 2013 at 3:19 PM