Citizenship is extremely important when it comes to estate planning. In general, a US citizen may transfer an unlimited amount of assets to their citizen spouse during life or after death. However, this is much more limited when a spouse is not a US citizen.
If there is a concern that your estate could be valued over the estate tax exemption amount, then a Qualified Domestic Trust (“QDOT”) should be considered. The QDOT trust allows a non-US spouse to take the marital deduction on estate taxes. Interested in learning more? Contact the experienced attorneys of Morris Law Group.