181: Beyond Borders: International Estate Planning Essentials for Families

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident aliens, visa holders, green card holders, and other international families with U.S.-based assets. As a member of the invitation-only Society of Trust and Estate Practitioners (STEP), Janet regularly prepares estate plans for foreign nationals who own property or live in the US and for US citizens who own property abroad. During this discussion, they examine the critical considerations for guardianship of minor children across international boundaries, practical solutions for emergency situations, and financial strategies to protect loved ones regardless of where they call home. The conversation highlights how international estate planning requires careful attention to both legal requirements and practical implementation across different jurisdictions.

Time-stamped Show Notes:

0:00 Introduction

3:41 Learn about the biggest concern for international clients: ensuring their children can return to family in their home country if something happens to the parents.

4:43 While California allows foreign guardians, it does vary by state.

6:40 Understand the critical distinction between technical jurisdiction and actual enforcement power when children leave California for another country.

7:54 Janet highlights that challenges with out-of-state guardianship exist even within the United States, creating similar concerns to those found in international guardianships.

9:41 Find out about temporary guardianship arrangements needed to bridge the gap when appointed guardians live far away.

11:51 Hear Janet's insightful perspective that international guardianship is "a question of degree, not difference" compared to distant domestic guardianships.

12:17 Start listening now to learn about potential complications when children are taken across borders without judicial approval.

14:31 Janet shares a clever software analogy to explain why trust documents need specific instructions for authorizing payments to guardians for travel expenses.

16:36 Discover why life insurance is a crucial financial solution for international families, providing quick liquidity without market timing concerns.