# Which inheritance law applies here? US or German?



## Eins (Jun 30, 2010)

A German citizen with Green Card in the USA, with two US children with German and US citizenship. 
Remarried in the USA to US citizen.

When I die within the USA, which inheritance law(s) will apply to my children? The German or the US law(s)?

Thank you!


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## Eins (Jun 30, 2010)

adding more detail: 
I have no assets in Germany. 
Both children were born in Germany.


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## Crawford (Jan 23, 2011)

I'm no expert on inheritance law but one aspect of Estate law husband and I came across when we moved to the US was that, where either one or both spouses was not a US citizen, the _usual situation _of the Estate passing to the surviving spouse TAX FREE was no longer applicable. ( I put usual situation in italics because the tax free transfer is the case in the UK - maybe not in Germany).

This law is presumably in place to prevent the surviving spouse returning to the home land with the estate and Uncle Sam not getting his death duties.

Putting the estate into a Trust helps in this situation but not as much as you both being US citizens - which husband and I now are.

We found speaking to an Estate lawyer with expertise in dealing with non US citizen affairs very helpful.


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## twostep (Apr 3, 2008)

No changes I heard off since last year.
US and Utah law applies. Were your spouse to pass before you you will only be eligible for a miniscule marital deduction. Depending on individual circumstances payment of taxes in full on the estate may apply. Please look into this.


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