Back in the 90’s, I met the most perfect woman when I was stationed in Germany. We fell in love. We built a life together, two beautiful boys, a happy home. But, when we did estate planning as young parents, we had no idea my estate could be taxed differently just because of her citizenship. I assumed the law treated all married couples the same.
I was wrong.
What many people don’t realize is that the rules change not only based on whether your spouse is a U.S. citizen, but also on what country your spouse is a citizen of. Some nations have treaties with the United States that make planning easier. Others do not. That difference can mean the estate is taxed immediately, or worse, that your spouse can’t access what you intended to leave them.
The Hidden Trap for Families with Non-Citizen Spouses
U.S. citizens married to U.S. citizens enjoy the “unlimited marital deduction,” meaning one spouse can leave everything to the other without estate tax. But that protection usually does not apply to non-citizen spouses. Unless there’s a favorable treaty in place, your estate could face taxes right away, leaving your spouse with less security and more stress.
How Samaritan Law Group Protects Families
At Samaritan Law Group, we build estate plans that account for the complexities of citizenship, residency, and domicile. We focus on keeping your assets safe and your spouse protected:
Qualified Domestic Trusts (QDOTs): Let your spouse receive income while deferring estate taxes.
Custom Wills and Trusts: Drafted to prevent assets from being frozen or delayed in probate.
Cross-Border Planning: Adjusting your plan if your spouse may seek U.S. citizenship or permanent residency.
Why Work With Us
I’ve seen too many families broken apart in probate court when the plan wasn’t strong enough. That experience is why I built Samaritan Law Group — to stop those fights before they start. We take the time to understand your unique situation and create a plan that works in the real world, even when love crosses borders.
Take the Next Step
If you are married to a non-citizen spouse, don’t leave your family’s future to chance. Schedule your free estate planning review with Samaritan Law Group today. Let’s make sure your love story is protected without borders.