A non-resident alien or resident alien who dies while owning property in New York will have to have their estate go through probate administration in New York. Both resident aliens and non-U.S. citizens will need to have their estate probated in the country where they lived, as well as in New York, if they owned property within the borders of the State of New York at the time of their death.
If the decedent had a Last Will and Testament, this may impact the assets held not only in New York or the United States, but in the foreign nation(s) as well. It is important to have an experienced attorney who has dealt with these situations before to help you in your matter.
Who is a resident alien or foreign national, non US citizen?
Anyone who was born outside the United States borders and has not been naturalized under federal law is considered a foreign national or a non US citizen. Those people are subject to the laws of another country.
Aliens are subsequently categorized as either “resident” or “non-resident” in status. Resident aliens are living legally in the U.S. and enjoy many of the same benefits that US citizens enjoy.
How Do I Minimize the Financial Impact of Probate for Resident Aliens?
In order to minimize the financial impact of probate, it is extremely important for non-U.S. citizens owning property in the State of New York to create a proper estate plan. Properly structuring your estate can help in streamlining the probate process and with the costs and associated taxes when your estate moves into probate. We recommend that all resident aliens and foreign nationals who own property in New York contact us to prepare your estate plan before your loved ones are left with the possibility of difficult probate procedures, laws and rules.
If you are left after the loss of a loved one and need assistance dealing with the laws for the State of New York and the United States, let us help. At Boyer Law Firm we have handled many probate situations where we have had non-U.S. citizens and resident aliens involved.