💼

Estate and Inheritance Guidance

Dec 21, 2025

Summary

  • Video explains what happens to investments after death and US estate (inheritance) tax basics.
  • Emphasizes heirs must know where assets are held and contact brokers to claim funds.
  • Describes Admirals' process for transferring deceased clients' assets to heirs.
  • Explains US estate tax rules for nonresident noncitizens and mitigation strategies.
  • Covers dividend withholding tax and how Admirals reduces it for clients.

Action Items

  • (Immediate – Heirs) Contact the broker promptly after an account holder's death to start the transfer process.
  • (Immediate – Heirs) Collect and present documentation proving death and legal heir status to the broker.
  • (As Needed – Investors) Review where assets are held and ensure heirs know account locations and documentation needed.
  • (Optional – Investors) Consider using non-US domiciled brokers or non-US domiciled ETFs to mitigate US estate tax exposure.
  • (Optional – Investors) If concerned about dividend withholding, evaluate brokers like Admirals that apply reduced withholding rates.

Process For Heirs Claiming Deceased Client Assets

  • Heirs must notify the broker and submit documents proving:
    • The account holder's death.
    • The heirs' legal status or succession rights.
  • Broker verifies documents, may liquidate positions if necessary, and transfers funds to legitimate heirs.
  • Heirs do not need the deceased's account access credentials to start the process.
  • Specific documentary requirements vary by country and local law.

US Estate (Inheritance) Tax: Key Facts

  • Applies to nonresident noncitizens with US-located assets exceeding $60,000 at death.
  • IRS can tax up to 40% on amounts above that threshold.
  • The tax is progressive; the first $60,000 is exempt and higher portions taxed at increasing rates.
  • Example: $100,000 in US assets leads to $8,200 in tax (about 8.2% of total), not 40%.
  • Affected asset types include US stocks, US real estate, private property, US ETFs; US bonds are exempt, but bond ETFs are taxable.
  • 40% top rate begins above roughly $1,000,000 (after the exempt $60,000).

Table: US Estate Tax Example (Simplified)

Bracket PortionTax Rate
First $60,0000%
Next $10,000 (example)18%
Next $10,000 (example)20%
Next $20,000 (example)22%

Ways To Protect Against US Estate Tax

  • Use brokers domiciled outside the United States that operate omnibus accounts:
    • Omnibus accounts pool many clients' holdings under the broker's name at custodians.
    • Clients retain beneficial ownership in broker records, while public registries show the broker.
    • This can limit IRS visibility and practical ability to withhold estate tax on death.
    • Trade-offs: clients may not appear on public registries, may not receive direct corporate notices, and do not hold shares directly in public registries.
    • US-regulated brokers, even with omnibus accounts, remain visible to the IRS and may not provide the same protection.
  • Use ETFs domiciled outside the United States (e.g., Ireland-domiciled ETFs):
    • When you hold a foreign-domiciled ETF, you legally own shares of the fund, not the underlying US stocks.
    • If the fund is domiciled outside the US, the US should not levy estate tax on those fund shares.
    • Limitation: applies only to ETFs, not to direct individual US stock holdings bought on foreign exchanges.

Dividend Tax And Withholding

  • US dividend payments to non-US residents are subject to withholding tax, commonly up to 30%.
  • The treaty rate between the US and the investor's country can reduce withholding (commonly to 15%).
  • Brokers need Form W-8BEN to claim treaty benefits directly with the US payer.
  • Admirals' practice:
    • Because of its omnibus structure, the payer initially applies the non-treaty rate.
    • Admirals internally applies a reduced withholding of 15% for clients, even for residents of countries without a US treaty.
    • This 15% benefit is an Admirals-specific policy and not inherent to omnibus accounts generally.
  • Investors in countries without US tax treaties (e.g., Colombia, Ecuador, Argentina, Peru, Panama, Uruguay) may benefit from Admirals' 15% withholding practice versus the typical 30%.

Decisions

  • Admirals will apply an internal 15% withholding on US dividend payments to their clients.
  • Admirals uses omnibus custody structures and does not disclose end-customer identities to the US registry.

Open Questions

  • What exact documentation and legal procedures are required in specific countries for heirs to be recognized (varies by jurisdiction)?
  • Why are US bonds exempt but bond ETFs taxable for US estate tax purposes?