byLeigh Villegas
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Editor’s note: This article was made possible through a partnership between The Manely Firm and Global Atlanta.
Planning for the inevitable – the only other certainty in life besides taxes – is complicated enough for families whose members all live in the United States.
But managing an estate that spans multiple countries presents unique challenges and requires careful and proactive legal and financial planning, says Cherish De la Cruz, managing attorney for probate and estate planning at The Manely Firm, who specializes in helping clients navigate these complexities.
With over 20 years of experience and licenses in both Georgia and Florida, Ms. De la Cruz provides expert guidance on international estate planning and probate, which are distinct processes.
“(International estate planning) is when an individual wants to plan for all of their assets across different countries before they pass away. We work with clients to coordinate their holdings, ensuring compliance with the legal frameworks of each jurisdiction,” she says.
In contrast, international probate is a “reactive process” that takes place after a person has died.
“At this stage, we are working with heirs to manage and distribute the deceased’s assets in accordance with local laws and tax regulations,” Ms. De la Cruz says.
Estate Planning for Expats Living in the U.S.
For expatriates residing in the United States, estate planning involves understanding how U.S. law interacts with the laws of their home countries.
“A client from India or the Philippines, for example, may have property in multiple locations. We coordinate with foreign counsel to ensure that all assets are accounted for and properly structured,” Ms. De la Cruz explains.
She adds that her team also analyzes tax implications and inheritance laws, as some countries have forced heirship rules that dictate how assets must be distributed.
Americans Living Abroad: U.S. Legal Considerations
For U.S. citizens residing in foreign countries, estate planning requires additional layers of compliance.
“Americans living overseas must ensure their estate plans align with U.S. tax laws while also respecting the legal systems of their host countries,” Ms. De la Cruz says.
She adds that she often works with tax professionals to navigate double-taxation treaties and mitigate financial liabilities.
Challenges in International Probate
Once a benefactor has passed away, international probate can become a complex legal process, especially if multiple heirs are involved across different jurisdictions.
One of the biggest issues is determining which country’s laws apply, Ms. De la Cruz notes. Some heirs may face conflicting inheritance rules, while others may dispute asset distribution.
When estates include assets in multiple countries, additional challenges arise.
“Each country has its own probate laws, which means heirs often need to go through separate legal proceedings in each jurisdiction,” she says. “Without proper planning, this can lead to significant delays and expenses.”
Preparing for the Future: Steps to Take Now
To avoid potential probate complications, Ms. De la Cruz emphasizes the importance of early planning.
“Taking an inventory of assets and understanding how different jurisdictions treat inheritance is crucial,” she advises. “We help clients set up legal structures, such as trusts, that can streamline the probate process and minimize tax burdens.”
As financial and personal lives become increasingly globally mobile, international estate planning and probate will remain critical services for families with cross-border ties.
With the right guidance, individuals and families can ensure their legacies are protected and efficiently transferred to future generations, Ms. De la Cruz asserts.
Contact Ms. De la Cruz to discuss a specific international estate or probate case.
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