U.S. Citizen Executrix on a non-U.S. Estate?

Ruth · Post by **Ruth** » Sat Jan 01, 2011 6:18 pm

Both I and my husband live in Canada. I am a citizen of the U.S. My husband is a citizen of only Canada. (We're both alive.)

I have been named as Executrix for my husband's estate. Since an estate is technically a trust, would I then be compelled to file Form 3520 as a result of being the trustee of this foreign trust while the estate is being settled?

In general, is it advisable to avoid this type of arrangement?

nelsona · Post by **nelsona** » Sat Jan 01, 2011 7:39 pm

Yes.

Yes, you should decline being the executor.

In any event, spouse's should avoid being executors.

When you say "I have been named", you make it sould like you had no input. It's more like "we decided to put me as executor..."

Ruth · Post by **Ruth** » Mon Jan 03, 2011 12:08 pm

Why do you say that spouses should avoid being executors? I've read several estate-planning books, and I've never seen that advice before.

I would have thought that my husband would be the best choice as my executor, since no one knows my financial situation and cross-border issues as well as he does.

nelsona · Post by **nelsona** » Mon Jan 03, 2011 2:45 pm

Is that US-based estate planning books? Every book I read on estate planning growing up in canada counselled against tit -- in fact it is preferable that the executor not be any of the beneficairies, spouse or not -- for conflict of interest and other reasons.

You have an extra reason.

Have a friend be it.

andied · Post by **andied** » Wed Jan 05, 2011 12:52 pm

I spoke to an international tax advisor this summer and he cautioned against a USC being named an Executor of a foreign estate for several reasons(as has nelsona). One issue I had not considered is the possibility that the IRS may consider the foreign estate to be under the jurisdiction of the IRS. He was not aware of the IRS taking this position, but it is another reason to avoid naming a USC as executor of a foreign estate.

traveller2 · Post by **traveller2** » Wed May 16, 2012 4:18 pm

Hi - my father passed away in 2010 and I was named the administrator/ executor of his estate. We both lived in British Columbia.

In 2011, I moved to California.

The estate has not been settled yet.

What tax obligations and forms do I have in the US and/or Canada in having this responsibility now? Is the estate considered US-based now that I have moved from BC to California?

The investment firm holding my father's account wants me to use my US address for the account and complete a W9.

Does this sound correct?

Thanks for any thoughts/advice on this matter.

Serbinski Accounting Firms

U.S. Citizen Executrix on a non-U.S. Estate?

U.S. Citizen Executrix on a non-U.S. Estate?

Executor of my father's estate