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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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