International Estate Planning

In today’s interconnected global economy, opportunities for international investment and business expansion are vast. However, these opportunities come with increased government regulation and enforcement. For individuals immigrating to the U.S. or investing across borders, understanding and fulfilling the associated responsibilities and obligations is crucial. Effective planning and execution can help avoid or mitigate many potential costs and problems.

At Hone Maxwell LLP, we have the experience to assist you with all aspects of planning related to international assets, investments, transactions and the tax consequences of a potential move to the United States. Our team’s comprehensive legal and compliance backgrounds enable us to provide a full-service approach, offering not only effective advice but also assistance with efficient reporting. In addition, our Global Private Counsel service helps international families integrate U.S. estate, trust, tax structures, and asset management with global planning, offering culturally aware guidance and a single point of contact across borders.

Creating an effective international estate plan requires careful consideration of numerous factors, especially when there are family members with varying U.S. statuses, foreign assets or other cross-border investments. Our international estate planning attorneys ensure that your personal goals are met while addressing income and estate taxes and offering protection to keep your assets out of litigation.

Trust Setup and Administration

We assist in the setup and administration of trusts, which are vital tools in managing and protecting international assets. We structure your trusts to be compliant with both U.S. and international regulations, providing peace of mind that your assets are safeguarded, and your wishes are honored. We also advise clients on trust planning involving Qualified Small Business Stock (QSBS), including strategies to preserve potential Internal Revenue Code section 1202 tax benefits while addressing international estate planning, succession and compliance considerations.

Pre-Immigration Planning

For those planning to immigrate to the U.S., pre-immigration planning is essential to navigate the complex landscape of U.S. tax and estate laws. We help you prepare for your move by evaluating your current financial situation and structuring your assets to minimize tax liabilities and comply with U.S. regulations.

With years of experience in international estate and tax planning and corporate law, our attorneys possess the knowledge and experience to address the unique challenges posed by cross-border investments and assets. We ensure that all aspects of your estate plan are meticulously crafted to meet your personal goals and comply with relevant laws.

Our holistic approach ensures that all areas of your planning and reporting obligations are addressed. From estate planning and trust administration to tax compliance and reporting, as well as corporate structuring, we offer a full spectrum of services to meet your needs.

Effective reporting is a critical component of international estate and tax planning. Our legal and compliance background allows us to assist you in meeting all reporting requirements efficiently, reducing the risk of penalties and ensuring that you remain compliant with all applicable regulations.

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International Estate Planning FAQs

What is international estate planning?

International estate planning helps individuals and families manage the transfer of assets across multiple countries while minimizing estate taxes, inheritance taxes, probate complications, and cross-border legal issues.

Do I need an international estate plan if I own assets in more than one country?

Yes. Owning foreign real estate, foreign bank accounts, international investments, or foreign business interests can create unique tax and succession issues that may not be addressed by a traditional estate plan.

Can my heirs be taxed in multiple countries on the same inheritance?

Potentially. Depending on the countries involved, heirs may face estate tax, inheritance tax, or other transfer taxes in more than one jurisdiction. Proper international estate planning can help reduce the risk of double taxation.

How are foreign assets treated for U.S. estate tax purposes?

U.S. citizens and domiciliaries are generally subject to U.S. estate tax on their worldwide assets. Non-U.S. persons may also have U.S. estate tax exposure if they own certain U.S.-situated assets, such as real estate or business interests.

Should I have separate wills for assets located in different countries?

In some situations, separate wills may be beneficial to address local laws, probate requirements, and asset administration in multiple jurisdictions. The appropriate strategy depends on the countries involved and the types of assets owned.

Can international estate planning help protect family wealth for future generations?

Yes. International estate planning often incorporates trusts, business succession planning, ownership structures, and tax strategies designed to preserve wealth and facilitate efficient transfers to future generations.

How can an international estate planning attorney help?

An international estate planning attorney can coordinate estate, tax, trust, and succession planning across multiple jurisdictions, helping ensure that your wishes are carried out while minimizing tax exposure and administrative burdens for your heirs.