Dual Citizenship Estate Planning

I’m a dual citizen, I hold citizenship in the United States and in Poland. If I own property in both countries, should I take extra steps in regard to my estate planning?

Citizens with dual citizenship need to plan carefully and consider a number of issues.

How Will Property Pass to my Heirs.

Laws in in other countries vary wildly and can lead to unintended results. In countries like the United States, the United Kingdom, and Canada, which all share a legal heritage based in English common law, we have flexibility and freedom to choose the recipients of our property and the person in charge of distributing that property.

In contrast, the rest of the Western world works under a different set of rules that govern property distribution upon death. Europe and the Central and South Americas have inheritance laws that are formed around Roman law which can be stricter in regard to who can receive property. Middle Eastern countries usually follow Muslim inheritance laws, while African and Asian countries have a wide variety of hybrid approaches to inheritance that may include local customary law, civil law, and even English common law elements depending upon the legacy of Western colonization in those countries.

Thus, if a U.S. citizens like me acquires property located in Poland with a reliance solely upon estate planning completed under California law, I may be in for a surprise. (Well, actually – I’ll be dead, but still, my wishes may not be fulfilled.) It is possible that my estate plan, in regard to property in Poland, may be invalid under Polish law, and that property could wind up in the hands of a family member whom I had every intention of disinheriting.

Have questions? Call me.