# Permanent resident and willing home to u.s. citizen



## hoosiergal (Dec 25, 2011)

Does anyone know the true legal laws of the U.S.A. for permanent residents? A friend of mine is desperate for information. Her ex-husband has written a will to give his home to her...but someone told her that he can't do this. He has been a permanent resident of the USA since 1994, but never became a citizen. He's sick now...so she needs this info quickly please.
Thanks!


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## Bevdeforges (Nov 16, 2007)

There should be no problem passing the home to an ex-wife like that, even if she isn't resident in the US. There are, however, two issues.:

First, is that of inheritance taxes. As a non-relative and non-citizen, the estate will be taxed as though he were giving the property to a complete stranger. On the federal level, this may not be a problem (as the estate tax threshold is still pretty high), but for state taxes, it depends on what state the ex is resident in (and where the house is, if that's different).

The second issue is that your friend will get no advantage when it comes to applying for a visa to visit or reside in the US just because she has property there. If she's hoping for a resident visa, she'll still have to meet the usual requirements (i.e. a job with a sponsor or direct family members who will sponsor her). Otherwise, a multi-entry visitor's visa would allow her to stay six months a year in the US - but those visas can be difficult to obtain.
Cheers,
Bev


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