Non-resident Estate Tax Implications

Non-resident Estate Tax Implications

Postby HellofromWI » Sun Oct 11, 2009 4:15 pm

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Not sure if this is a question that can be answered on this forum, but here it goes.

My sister who lived in Montreal recently passed away. She left the executorship responsibilities to her common law. He now is finding it difficult to carry on with the duties and has asked me (recognized in Will as backup executor) to take on the responsibilites. I live in the US. But remain a canadian citizen.

I have heard (unofficially at this point) that there are tax implications on the Estate if a non canadian resident becomes the executor.

Does anybody have any experience with this?

Thanks in advance.
HellofromWI

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Re: Non-resident Estate Tax Implications

Postby agnelson » Mon Oct 12, 2009 1:17 am

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No tax obligations as merely executor, and the fact that she has now died, should mean you can take care of this pretty quickly.

Executor is different that trustee. If you were asked to become a trustee, I would suggest that he find someone in canada.

In any event, isn't this a good example to show that one should NEVER nominate close family as executor...
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Re: Non-resident Estate Tax Implications

Postby Steven » Wed Oct 21, 2009 8:49 am

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There are no additional tax implications other than the usual ones. The main problem is that probate is in Québec and you aren't.
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