
Non-U.S. Citizen Spouses – How It Affects Your Planning
Estate planning becomes significantly more complex when one spouse is not a U.S. citizen. Most married couples can transfer assets freely between each other using the unlimited marital deduction — deferring estate taxes until both spouses have passed. However, this key benefit is available only when both spouses are U.S. citizens. When one spouse is not, even a well-intentioned transfer of wealth can result in unexpected taxes of up to 40% or more.
This article from Garza Business & Estate Law explains the unique estate planning challenges faced by affluent families with international ties and outlines the legal strategies available to protect their wealth. It explores how the Qualified Domestic Trust (QDOT) can delay estate taxes for non-citizen spouses, the requirements for establishing one, and why foreign tax systems and trust recognition laws can complicate implementation.

