Calva
Washington, DC — International Practice

Washington, DC Expat Estate Planning Lawyer

expat estate planning lawyer Washington, DC

Are you looking for an expat estate planning lawyer in Washington, DC?

At Calvary International Law PLLC, we build estate plans for Americans abroad and foreign nationals in the United States.

If you are a U.S. citizen living abroad, or a citizen of another country who has settled in the United States, your estate plan must function in more than one country. Our Washington, DC expat estate planning lawyer can prepare a will and trust that are valid under U.S. law and consistent with the law of the country you live in. We draft wills, trusts, and directives that account for foreign assets, beneficiaries abroad, and the taxes that apply in each country. Calvary International Law PLLC works with expatriates whose families and property span borders. Contact our office to begin your plan.

Expat Estate Planning Lawyer Washington, DC

Expat estate planning is estate planning for individuals whose lives cross borders: U.S. citizens living abroad, and citizens of other countries living in the United States. Documents drafted for a single home country often do not fit these situations, because more than one legal system can apply to the same estate. A sound plan is one that both countries will recognize.

In 2021, more than 1,700 estates were opened in the District’s Superior Court, according to its caseload figures. Estates supported by a clear plan are generally settled with less delay and expense. For an expatriate, that plan must also satisfy the law of a second country. A Washington, DC expat estate planning attorney prepares plans intended to meet the requirements of both.

Types of Expat Estate Planning Matters We Handle in Washington, DC

Expat estate planning covers several distinct matters. The following are the ones we handle most often for clients with connections abroad.

  • International estate planning. Coordinating a client’s U.S. and foreign estate arrangements into a single, consistent plan. This establishes the structure that the remaining documents follow, and it is the reference point when documents in different countries must be consistent with one another.
  • Cross-border estate planning. Planning for assets and beneficiaries located in more than one country. The location of each asset can determine which country’s law governs how it passes. Real property, in particular, is generally governed by the law of the country in which it is held.
  • Trusts. Trusts that hold assets, avoid probate, and set the terms on which beneficiaries receive them. In an expatriate plan they frequently do more than a will alone, and can keep foreign assets out of a lengthy local probate. The choice among them depends on the assets and the countries involved.
  • Offshore trusts. Trusts established abroad for assets already held outside the United States. We establish and report them in full compliance with U.S. law.
  • Wills for two countries. Separate wills, or a single coordinated will, so that property in each country passes without conflict. Careful drafting prevents documents that inadvertently revoke one another, and we confirm that each will references the others correctly.
  • Foreign heirs and beneficiaries. Planning for beneficiaries who live abroad, including how they receive and are taxed on an inheritance. The inheritance and tax rules of their country can affect the amount they ultimately receive, and we account for those rules in advance.
  • Incapacity planning across borders. Powers of attorney and health directives drafted for recognition in the country of residence, not only in the United States. These govern decisions if you become incapacitated while abroad, and the requirements for a valid power of attorney differ from one country to another.

Why Choose Calvary International Law PLLC as My Expat Estate Planning Lawyer in Washington, DC?

Focused on Cross-Border Estates

Our founder, Yonathan Amselem, has practiced since 2014 with a focus on international tax, cross-border estate planning, and offshore matters. He is admitted to the District of Columbia Bar, earned his law degree at Miami School of Law, and is bilingual in English and Spanish. He has also volunteered with USAID humanitarian relief efforts. The firm’s practice centers on the cross-border questions that expatriate estates raise.

Coordinated Across Both Countries

An expatriate plan begins with a sound domestic estate plan. Our estate planning lawyer in Washington, DC prepares that foundation, and we extend it to address foreign assets, beneficiaries abroad, and the requirements of the second country. A plan drafted for one country alone may be ineffective in the other, and coordinated drafting is intended to prevent that outcome.

Understanding Expat Estate Planning Cases

What Expat Estate Planning Covers

An expatriate plan generally addresses the following components.

  • Wills. The documents that direct who receives your property, drafted for the jurisdiction where your assets are held. A will valid in one country is not always recognized in another.
  • Trusts. Instruments that hold assets, avoid probate, and set the terms on which beneficiaries receive them.
  • Foreign assets. Property, accounts, and interests held outside the United States, incorporated into the plan.
  • Beneficiaries abroad. Family in other countries, and how they receive and report an inheritance.
  • Incapacity. Powers of attorney and health directives intended to be recognized in other countries.
  • Tax. The estate and gift tax that can apply in each country. The amount owed depends on your status and where your assets are located.

What Are Important Aspects of Expat Estate Planning?

  • Foreign law. Some countries require part of an estate to pass to certain heirs, regardless of what a will provides. A U.S. will cannot override that requirement on its own.
  • Separate documents. Property in different countries often requires its own will or plan, drafted so the documents do not conflict.
  • Foreign probate. Administering assets in another country can be slow and costly, and planning can shorten the process.
  • Tax on both sides. U.S. citizens are taxed on worldwide assets, while foreign nationals are taxed on assets held in the United States. The rules differ, and we account for them.
  • Keeping the plan current. A move, a marriage, or a change of country can affect a plan, so it should be updated as circumstances change.

What Should You Bring to Your Expat Estate Planning Consultation?

A productive first meeting begins with a clear picture of your family, your assets, and the country each is in. Please gather the following:

  1. A list of your assets and the country in which each is held.
  2. Your family members and beneficiaries, and where they reside.
  3. Your citizenship and residency in each country.
  4. Any wills, trusts, or directives you already have.
  5. Your intentions for who should receive each part of your estate.

We will advise whether a single coordinated plan is sufficient or whether each country requires a separate one.

What Is the Expat Estate Planning Timeline?

A first plan usually takes a few weeks, and longer when foreign counsel or foreign documents are involved. We begin by reviewing your assets and beneficiaries in each country, then design the plan and draft the documents. Where a second country’s law applies, we coordinate with local counsel so that the documents are consistent. Foreign documents can take time to obtain, and we identify that requirement early. After you approve the plan, we finalize the documents and advise you on where each should be kept. We then review the plan when your circumstances or the law change.

Washington, D.C. and Federal Resources

An expatriate’s estate is subject to both District and federal authorities. A District estate is administered through the DC Superior Court Probate Division, and the District imposes its own estate tax. Federally, the IRS addresses estate tax for U.S. citizens and nonresidents and separate gift tax rules for noncitizens. We address each of these in preparing your plan.

Reach Out to Calvary International Law PLLC to Schedule a Consultation

We prepare the will, the trust, and the tax plan so that your estate passes efficiently in each country involved. Contact us to speak with our Washington, DC expat estate planning lawyer. Planning now reduces the delay, cost, and uncertainty your family would otherwise face. Calvary International Law PLLC works with Americans abroad and foreign nationals throughout the District.

Expat Estate Planning Statistics in Washington, DC

expat estate planning in lawyer Washington, DCWashington sends its residents abroad and receives residents from abroad in large numbers. Federal agencies, international organizations, and global employers post District residents overseas for years at a time, and the same institutions bring foreign nationals here. Both groups end up holding property under more than one legal system.

  • The FVAP population analysis estimated that 4.4 million U.S. citizens were living overseas in 2022.
  • That population grew by about 42 percent between 2010 and 2022, which is an increase of almost 1.3 million people.
  • Census Bureau QuickFacts reports that 14.3 percent of District residents were born outside the United States.
  • The same Census data show that 19.1 percent of residents age five and older speak a language other than English at home.

Approximately one in seven people in the District was born in another country. Many of them still own a home there, keep accounts in that location, or expect to inherit from parents who never left. An American on a long posting abroad faces the reverse problem. Our Washington, DC expat estate planning lawyer sees the same gap on both sides: the documents were written for one country, and the property sits in two.

Questions to Ask a Washington, DC Expat Estate Planning Attorney Before Hiring

Cross-border planning is a narrow field. The answers to these nine questions show whether a lawyer practices in it regularly.

  1. How much of your practice involves clients with ties to another country? A lawyer who drafts domestic wills every day may see one foreign estate a year. Our founder, Yonathan Amselem, has concentrated on international tax and cross-border planning for more than 12 years.
  2. Who will do the work on my file? At some firms, the attorney you meet first hands the matter to a junior associate. Mr. Amselem provides direct, senior-level representation on the expatriate matters we accept.
  3. Do you work with counsel in the country where I live? A District attorney cannot advise on another country’s inheritance law. We coordinate with local co-counsel, foreign trustees, and CPAs in the relevant jurisdiction, so each document is reviewed by someone licensed there.
  4. Will the plan address tax reporting as well as inheritance? Estate documents and tax filings affect each other. Foreign accounts, foreign trusts, and gifts from relatives abroad can each carry a U.S. reporting obligation, and our international tax planning work runs alongside the estate plan.
  5. What happens to my accounts outside the United States? Banks abroad often freeze an account at death until local requirements are met. We review the titling of foreign bank accounts before we draft anything.
  6. What if I have not moved to the United States yet? Timing matters. Much of the planning available to a foreign national has to be finished before U.S. residency begins, which is why pre-immigration planning starts months ahead of the move.
  7. Can you advise me if I later give up citizenship or a green card? Expatriation changes how an estate is taxed. An expat estate planning lawyer in Washington who also handles exit tax matters can plan for both events together.
  8. How do you charge? Hourly billing on a plan that spans two countries is hard to predict. Our engagements are almost uniformly structured as flat fees, and the first consultation is free.
  9. What will I have when the work is finished? Some firms deliver a memorandum that describes what should be done. We deliver a fully implemented plan, with signed documents and structures that are in place.

Washington, DC Expat Estate Planning Lawyer FAQs

How Much Does an Expat Estate Plan Cost?

The cost depends on how many countries, documents, and trusts are involved. We almost always work on a flat fee. You receive that fee after the first meeting, once we know the scope of the plan.

Is the First Consultation Free?

It is. Calvary International Law PLLC offers a free initial consultation for expatriate estate planning matters. We use that meeting to learn where your assets and family are located.

Can I Hire a DC Expat Estate Planning Attorney While I Live Abroad?

You can. Many of the people we represent are U.S. expatriates. Some documents can be notarized at a U.S. embassy or consulate, and we plan each signing in advance because the requirements differ by document and by country.

Is My U.S. Will Valid in the Country Where I Live?

The answer depends on that country. Some accept a foreign will without difficulty. Others apply their own signing formalities or inheritance rules. We confirm the position with counsel licensed there before you rely on the document.

Does Marrying a Non-Citizen Change My Estate Plan?

It usually does. Transfers between spouses are taxed differently when one spouse is not a U.S. citizen, and a plan written for two citizens may not work as intended. We review the plan whenever a client’s marital or citizenship status changes.

Who Should Serve as Executor if My Family Lives Overseas?

A relative abroad can be a sound choice, but distance slows an estate. Court deadlines in the District still apply. Some clients name a person in Washington, DC, and others appoint a corporate fiduciary to serve with a family member.

Who Would Care for My Children if Something Happened to Me Abroad?

A foreign court is not always bound by the guardian named in a U.S. will. We address guardianship in the documents for each country where your children may be living.

Will a Foreign Hospital Follow My Health Care Directive?

A hospital abroad may not recognize a form written for the United States. A health care directive should meet the requirements of the country where you receive care, so we prepare one for each.

Does My Estate Go Through Probate in the District if I Live Overseas?

Property you own in Washington in your own name generally requires a proceeding here, wherever you lived. The probate courts of each place where you hold property may be involved.

Do You Represent Foreign Nationals Living in Washington, DC?

We do. Our expat estate planning attorney in Washington, DC represents U.S. expatriates and internationally mobile clients, including foreign nationals who live or own property in the District. Mr. Amselem works with clients in English and Spanish.

Important Resources for Washington, DC Expat Estate Planning Cases

Washington, DC Probate Court and Local Resources

The District has no county government, so a single court handles every estate. The Probate Division of the DC Superior Court sits on the third floor of Court Building A at 515 Fifth Street NW, and it is open Monday through Friday from 8:30 a.m. to 5:00 p.m. That division handles wills, decedents’ estates, trusts, and the estates of minors and incapacitated adults.

Expatriates often need a second office. A document signed in the District for use in another country usually requires an apostille or an authentication certificate. The District’s notary office issues these for documents notarized in DC. Federal documents go to the State Department’s Office of Authentications at 600 19th Street NW.

What Are Important Local Resources for Washington, DC Expat Estate Planning?

These District offices handle the filings that a cross-border estate plan most often requires.

Calvary International Law PLLC does not endorse these offices and is not affiliated with them. We list them for convenience only.

About Calvary International Law PLLC

Yonathan Amselem founded Calvary International Law PLLC to give individuals and families with interests in more than one country direct access to senior counsel. He holds a B.A. from Florida International University, and his volunteer work included humanitarian relief after the Southeast Asian tsunami. Every engagement begins with an analysis of the client’s assets, jurisdictional exposure, and long-term objectives.

In one matter, a married couple with more than $80 million in combined assets retained us to design a unified asset protection and succession plan. It covered commercial real estate in several states, an operating company, and roughly $30 million in securities. Their adult children were named successor managers of every entity.

Additional Resources for Washington, DC Expat Estate Planning Cases

Contact Calvary International Law PLLC

An expatriate estate plan is easier to build before a move, a purchase abroad, or a change in residency than after one. Calvary International Law PLLC offers a free initial consultation, and our engagements are almost uniformly structured as flat fees. In that first conversation, our Washington, DC expat estate planning lawyer reviews where your assets and family are located and explains which documents each country is likely to require. Contact us to schedule a time.