Q: If I’m a US citizen does that mean I’m also US resident even if I have residency abroad?
My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect my rights of inheritance. I’m a US citizen could that also mean that I‘m automatically resident as well or if not what steps can I take to obtain a residency in addition to being a citizen?
A: The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to loose their permanent resident status) . I would encourage you to consult with a Wills, Trust & Estates law attorney to determine what your grandparents' intent was with this condition and whether you qualify as is (living abroad) or if you need to move back. In other words, you need to determine if your grandparents mean to exclude family who do not "live" in the U.S. (i.e. live/are domiciled abroad) OR if they mean to exclude family who are not permitted to reside in the U.S. Best wishes!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
