Can non-U.S. citizen be successor in a Trust?

UPDATED: Oct 1, 2022

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Can non-U.S. citizen be successor in a Trust?

Our nephew from India married a US resident. We are preparing revocable Trust and want to know if we can name him as successor if he not a citizen but is a legal US resident. We have no close relatives here and there is no one else we want to name.

Asked on June 28, 2019 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, a non-U.S. citizen can be a successor to a trust: a trust represents the settler's (person making the trusts) decision as to who to give money or other assets, and the law does not prohibit leaving or giving things to non-citizens. If he were physically located in another country, there could be practical problems or issues under that nation's law, which will not be the same as ours, but if he's in the U.S., there are no issues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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