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Estate Planning for Olim & Americans in Israel

US law governs your US real estate and US accounts at death, wherever you live. An Israeli will may not control them, and your family can face a US probate run from Israel.

Quick Overview

An oleh who still holds US real estate, US accounts, a US retirement plan or US citizenship has a US estate governed by US law, and an Israeli will may not control it. The US side needs a US will or trust and US powers of attorney, drafted to work with the Israeli plan. A spouse who is not a US citizen does not receive the unlimited marital deduction without a QDOT. The sections below cover the US plan, the spouse rule, and parents who still live in the US.

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Below, we walk through the 3 issues that decide whether this is the right move for you. Jump to any one.

  1. Your US Assets Need a US Plan US law governs US real estate, US accounts and US retirement plans at death. Without US documents, your family can face a US probate run from Israel.
  2. A Spouse Who Is Not a US Citizen A surviving spouse who is not a US citizen does not receive the unlimited marital deduction. A QDOT restores it for an estate large enough to owe federal estate tax.
  3. US Parents, and the Halachic Side We prepare powers of attorney and care plans for parents in the US by phone and video. Your US documents are drafted to work with a halachic will.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Your US Assets Need a US Plan

An oleh who still holds US real estate, US accounts, a US retirement plan or US citizenship has a US estate governed by US law, and an Israeli will may not control it. Without US documents, the family can face a US probate run from abroad. The plan for the US side is a US will or trust and US powers of attorney, drafted to work with your Israeli documents. We prepare the US side and coordinate with your Israeli attorney.

A Spouse Who Is Not a US Citizen

A US citizen can normally leave everything to a spouse free of estate tax. When the surviving spouse is an Israeli who is not a US citizen, that unlimited marital deduction does not apply. For an estate large enough to owe federal estate tax, a QDOT (qualified domestic trust) restores the deduction and defers the tax. We plan for this rule for American-Israeli couples.

We work by phone and video across the time difference.

The same consult covers your own US estate and your parents in the US.

Book a no-cost consult

US Parents, and the Halachic Side

Many olim also look after aging parents in the US who need a power of attorney, a Medicaid or care plan, or help settling an estate. We handle that work by phone and video from wherever you live. We also draft your secular documents to work alongside a halachic will prepared with your rabbi or beth din, so the plan follows both US law and halacha. The checklist for Americans in Israel covers the rest of the US paperwork.

An oleh who is considering giving up US citizenship should read the US exit tax guide first, because the planning has to happen before renouncing. Israeli investment funds and pensions (kupot gemel, keren hishtalmut, keren pensia) carry their own US tax rules, covered in the guides to PFICs and Israeli funds and US tax on foreign pensions. An oleh with a US retirement account should also ask about a Roth conversion during the new-immigrant tax window.

Frequently Asked Questions

I Live in Israel but Have US Assets. Do I Need a US Estate Plan?

Usually, yes. US real estate, US bank and brokerage accounts, US retirement accounts and US citizenship all bring US law into your estate, and an Israeli will may not control the US assets. Without US documents, your family can face a US probate run from Israel, which is slow and expensive. A US will or trust covers the US assets and is drafted to work with your Israeli plan.

Do I Need Both an Israeli and a US Will?

Usually you want two coordinated plans, an Israeli plan for the Israeli assets and a US plan for the US assets, each drafted so it does not revoke the other. We prepare the US side, meaning your will or trust, powers of attorney and directives for US purposes, and coordinate with your Israeli attorney. An Israeli will alone often leaves US banks and US courts asking for documents your family does not have.

My Spouse Isn’t a US Citizen. Does That Matter?

Yes. A US citizen can normally leave everything to a spouse free of estate tax, but the unlimited marital deduction does not apply when the surviving spouse is not a US citizen. For an estate large enough to owe federal estate tax, a special trust called a QDOT restores the deduction. An American married to an Israeli who is not a US citizen needs to plan for this rule. See estate planning for non-US citizens.

I Made Aliyah but My Parents Are Still in the US. Can You Help Them?

Yes. Many olim have aging parents in the US who need a power of attorney, a Medicaid or care plan, or help settling an estate. We work by phone and video across the time difference, so you can put your parents’ US affairs in order without flying back, and handle your own US estate at the same time.

Do You Handle Halachic Wills?

We draft the secular US documents to work alongside a halachic will (a shtar chatzi zachar) prepared with your rabbi or beth din, so your estate follows both US law and halacha. Kevin coordinates the drafting with your rabbinical authority. See halachic estate planning.

Can I Invest in Israeli Mutual Funds or a Keren Hishtalmut as a US Citizen?

Check before you invest. US tax law treats most ordinary Israeli pooled investments, including mutual funds and ETFs, as PFICs (passive foreign investment companies), and a savings fund such as a keren hishtalmut is often treated the same way. A PFIC gain is taxed at the highest rate with an interest charge added, and each fund generally needs its own IRS form every year. Israeli banks and advisers do not advise on US tax, so they rarely raise the issue. The usual answer is to hold US-domiciled funds through a US brokerage, which stay outside the PFIC rules. We screen for this on every olim file and coordinate any cleanup with a cross-border tax CPA.


Updated on September 23, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about US and Florida law, not legal advice. The firm advises on US and Florida law and coordinates with Israeli counsel on Israeli-law matters; it does not practice Israeli law. Do not send confidential information until we have agreed to represent you.