What do I do when my aunt dies if I'm not an American citizen?
My aunt and I have 3 bank accounts under our names. I'm not an American citizen but she is an American resident. Once she dies, what do I do? What kind of taxes do I have to pay? This is Florida.
My thought is there's 2 ways to deal with this: - if auntie is still very competent, she closes all her banking and she & you open a single joint new account at a bank that operates in US and the old country. Like HSBC. - otherwise your aunt needs to have you (done just as your name is on your passport) named as the "designated beneficiary" with accounts POD "paid on (her) death" to you. Most banks have a standard POD form. Auntie fills out & signs & it gets attached to her accounts. With a copy sent to you. After her death, you send letter to bank requesting whatever $ left in those accounts to be transferred to you via SWIFT. banks have to be on swift bic system.
Having it with designated benifcary pod is very important!! If it is then the $ passes outside of probate and it not a part of her estate. Otherwise it becomes a part of her estate subject to the terms pf her will and however the probate laws are for the state she died in.
If your aunt has an account in the old country, she might have to also do a IRS FBAR - Form TD F 90-22.1.
If she has dementia or not fluently bilingual, getting these things done easily will be a beast.
Now if after she dies & you decide go in person to get the $, it could actually be stickier than via SWIFT. If account pays + 10k, theres extra paperwork - IRS 8300 & Treasury FinCEN - & probably a waiting period.
I don't have the answer but I'm wondering if the fact that you're not a citizen might have some impact. It wouldn't hurt to e-mail the IRS and pose your question to them. That's what I do when I want a written position from the IRS on some specific issue.
Sorry, I reread and I see you are asking if she passes. I think that if both names are on the accounts the money is yours. There are no taxes other than claiming the interest.
The only taxes you pay on bank accounts, checking and savings, is on the interest you get on the money. This goes for CDs, IRAs. The bank will send a 1099 form in January showing the interest made that year. This interest is filed as income. Since banks aren't giving much in interest the amount won't be much.
4 Answers
Helpful Newest
First Oldest
First
- if auntie is still very competent, she closes all her banking and she & you open a single joint new account at a bank that operates in US and the old country. Like HSBC.
- otherwise your aunt needs to have you (done just as your name is on your passport) named as the "designated beneficiary" with accounts POD "paid on (her) death" to you. Most banks have a standard POD form. Auntie fills out & signs & it gets attached to her accounts. With a copy sent to you. After her death, you send letter to bank requesting whatever $ left in those accounts to be transferred to you via SWIFT. banks have to be on swift bic system.
Having it with designated benifcary pod is very important!! If it is then the $ passes outside of probate and it not a part of her estate. Otherwise it becomes a part of her estate subject to the terms pf her will and however the probate laws are for the state she died in.
If your aunt has an account in the old country, she might have to also do a IRS FBAR - Form TD F 90-22.1.
If she has dementia or not fluently bilingual, getting these things done easily will be a beast.
Now if after she dies & you decide go in person to get the $, it could actually be stickier than via SWIFT. If account pays + 10k, theres extra paperwork - IRS 8300 & Treasury FinCEN - & probably a waiting period.
ADVERTISEMENT