Will My US Will Work Overseas?

When Daniel Brooks (not his real name) died unexpectedly at 56, his wife May found herself trapped in a legal maze stretching across two continents.

They had lived in Germany for over a decade, raising their daughter in a picturesque village near Munich. Daniel, an American citizen, assumed that his US will from years earlier would “work everywhere.”

It didn’t.

His assets were scattered—401(k) accounts in the US, real estate in Germany, joint savings in both countries—and his will hadn’t been updated since before the move. German inheritance law clashed with US tax obligations, and within months May was drowning in bureaucratic filings, surprise tax bills, and probate delays. What should have been a time of grieving turned into an exhausting legal nightmare.

Daniel’s story isn’t unique. American expats often make the mistake of assuming their estate plans from back home still protect them abroad. But moving overseas complicates everything: tax obligations, legal jurisdiction, inheritance rules, and even the definition of who your heirs are.

Estate planning for expats isn’t optional. It’s a critical financial strategy that protects your family, preserves your wealth, and minimizes legal and tax risk.

Cross-Border Complexity

For US citizens living abroad, the estate planning equation has extra variables.

Unlike most countries, the United States taxes its citizens on worldwide income and assets, even if they haven’t lived in the country for years. That means your estate could face US estate taxes and foreign inheritance taxes. The result? Double taxation is a real threat.

Each country has its own inheritance rules. In France or Germany, for example, forced heirship laws may override your will and dictate who inherits your property. That means even if your US will says one thing, the local courts may enforce something entirely different.

In some countries, your surviving spouse may not be entitled to everything you intended. Without proper planning, your foreign assets may be divided according to local laws, not your wishes.

Probate Chaos Without a Plan

Probate is bad enough in one country. Add a second jurisdiction, and it becomes a logistical and emotional quagmire.

If you die with assets in both the US and abroad, your estate may need to go through two separate probate processes—each with its own timelines, costs, and legal standards. This means delays in distributing assets, increased legal fees, and potential disputes among heirs. These delays can also affect your family’s access to funds when they may need them most.

One of the most dangerous and little-known issues with foreign probate is that many US financial institutions will refuse to release funds to heirs under a US will until they have proof that all foreign probate claims have been fulfilled. It’s not unknown for foreign probate, especially in Central America, to take five years or more. That’s a long time for heirs to wait for estate funds to be released.

In Daniel’s case, May had to hire lawyers in both Germany and the US to navigate conflicting probate procedures. It took over three years to resolve his estate. The family home was nearly lost due to delayed ownership transfer and tax assessments. All of it could have been avoided with an international estate plan.

The Right Tools for the Job

American expats need more than a basic will. An international estate plan should consider several core elements:

• Updated wills that align with both US and local law. Some people may need multiple wills—one for each country—carefully drafted to avoid contradictions.
• Limited Liability Companies (LLCs) and/or Trusts that can hold assets across jurisdictions, help avoid probate, and provide tax efficiencies.
• Powers of attorney and healthcare directives recognized in your country of residence.
• Clear beneficiary designations on retirement accounts and insurance policies, reviewed regularly to match your current legal and family situation.
• Tax strategies that minimize estate, inheritance, and gift taxes in both countries.

Consulting with cross-border estate planning specialists is essential. Generic legal advice won’t cut it when you’re navigating US tax codes and foreign civil law systems simultaneously.

It’s Not Just About the Money

Estate planning is more than asset distribution. It’s about protecting your loved ones from legal stress, financial uncertainty, and emotional turmoil. It’s about making sure your kids can stay in the family home, your spouse can access shared accounts, and your business doesn’t collapse in your absence.

For expats, it also means planning for citizenship and residency implications. Will your children inherit your US citizenship? Could your estate trigger visa issues for a non-citizen spouse? Could sudden repatriation of funds cause currency exchange problems or unexpected tax liabilities? These are not just hypotheticals—they’re common, expensive problems that strike families every day.

Too many American expatriates live under the false sense of security that a domestic will and a few beneficiary forms are enough. But the minute you cross a border, the legal and financial rules change. Without an estate plan tailored to international life, you’re gambling with your family’s future. Don’t be like Daniel—don’t leave your loved ones untangling your mess. Estate planning isn’t just a legal necessity for expats—it’s an act of responsibility, love, and foresight.