Can Non-U.S. Resident Create Revocable Trust in the United States?

 In Revocable Trusts

Non-US resident trust

Non-US resident trust


Can an overseas U.S. citizen set up a revocable grantor living trust for their U.S. financial assets without a U.S. state of residency specified?


Yes, that should be fine. But the trust does need to say which state’s laws will govern its operation. In addition, it may be necessary to have a United States-based trustee or co-trustee, not as a legal matter, but because any financial institution where you would like to open an account is likely to require it. In fact, Fidelity Investments makes it very difficult for a non-U.S. resident to even serve as trustee or co-trustee. In such cases, it bars the trust having trading authority. As a result, the trust can continue to hold existing investments or sell them and distribute the proceeds, but it cannot making any new investments. Other financial institutions may not be so restrictive,

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