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Legal Matters

Wills, estate planning, voting abroad, and maintaining US citizenship.

Living abroad as a US citizen involves navigating several legal considerations: maintaining citizenship rights, voting from overseas, estate planning across jurisdictions, and understanding dual citizenship implications. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) protects voting rights for Americans abroad. The Federal Post Card Application (FPCA) serves as both voter registration and absentee ballot request—submit it each election year. Your state sends ballots 45 days before November elections. Estate planning becomes complex with foreign assets. US wills may still work abroad depending on circumstances, but many civil law countries have "forced heirship" laws restricting who can inherit. Foreign spouses who aren't US citizens face different rules—gifts and bequests aren't eligible for the unlimited marital deduction.

Key Points

  • 1FPCA (Federal Post Card Application) required annually to receive overseas ballots
  • 2States send overseas ballots 45 days before November elections
  • 338 states + DC allow voting for US citizens born abroad who never lived in the US
  • 4Federal estate/gift tax exemption is $13.99 million for 2025
  • 5Many civil law countries have "forced heirship" laws limiting inheritance flexibility
  • 6Gifts/bequests to non-citizen spouses not eligible for unlimited marital deduction
  • 7US revocable trusts may have negative implications when living abroad—consult advisors

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