top of page

Estate Planning for Digital Nomads: A Comprehensive Guide

  • Attorney Staff Writer
  • Aug 21
  • 10 min read

Updated: Aug 23

Woman in a brown vest uses a laptop in an RV. Map and thermos on table. Greenery visible through windows. Cozy and focused atmosphere.


Moving your life from place to place, country to country, has never been easier. Advances in remote work and technology mean millions of digital nomads now call the world their office, backpack and laptop in hand. But while your career and lifestyle may transcend borders, your assets, obligations, and family ties remain firmly anchored somewhere. Estate planning for digital nomads is thus more complex than for those who live in one jurisdiction. It requires forethought, flexibility and an understanding of cross‑border laws.


This guide breaks down the key considerations, steps, and tools digital nomads should use to protect their wealth, support loved ones and ensure their wishes are honoured. It covers U.S. tax and probate issues, foreign laws, trusts, powers of attorney, guardianship, digital assets and more. It is written for Americans and other nationals who still maintain ties to the United States, whether through citizenship, property or beneficiaries, and who spend significant time abroad.


Digital Nomad Estate Planning: Understanding Your Legal and Tax Status

The first step in planning is determining where you are domiciled and the tax obligations that follow. Your domicile is generally the place you consider your permanent home. Even if you live abroad, you may still be domiciled in the U.S. if you intend to return. U.S. citizens and long‑term residents are subject to U.S. income tax on worldwide income and to U.S. estate and gift taxes on their worldwide assets. Double taxation can occur if both the U.S. and your country of residence impose estate or inheritance taxes.


Some countries tax based on residence rather than citizenship. Others have forced heirship rules that control how property is distributed when someone dies, overriding a will. Investigate the laws of the jurisdictions where you own property or spend time. Consult tax treaties to see if estate and gift tax credits or exemptions apply. The recently enacted One Big Beautiful Bill Act permanently increases the U.S. estate and gift tax exemption to $15 million per person (with inflation adjustments after 2026) and aligns the generation‑skipping transfer (GST) exemption with this amount. However, many U.S. states and some foreign jurisdictions still impose their own taxes with much lower exemptions. Knowing the rules of each jurisdiction is essential for effective planning.


Inventory Your Assets and Beneficiaries

Before you leave the U.S. you should create a complete inventory of your assets, debts, and beneficiary designations. This includes:

  • Real property in the U.S. or abroad, including homes, rental properties and undeveloped land. Identify deeds, mortgage information and property tax records. Note any homestead protections or community property rules that may apply.

  • Bank and investment accounts, both domestic and foreign. List account numbers, institutions, and whether they are owned singly or jointly. Confirm your beneficiary designations and update them as needed.

  • Retirement accounts such as IRAs, 401(k)s and foreign pension plans. U.S. rules may require minimum distributions at certain ages, and distributions to foreign beneficiaries may be taxed differently.

  • Life insurance policies and annuities. Ensure the correct beneficiaries are named and that your plans comply with U.S. and foreign regulations.

  • Digital assets such as cryptocurrency, online businesses, domain names, social media accounts, and cloud‑stored files. Provide clear instructions for access and management in case of incapacity or death.

  • Personal property and collectibles like art, jewelry, vehicles and household goods. Decide what should be gifted now, sold, or distributed later.

  • Debts and liabilities, including student loans, credit cards, personal loans, and business obligations. Note which debts may be discharged at death and which remain the responsibility of your estate or guarantors.


Once you know what you own and owe, identify your intended beneficiaries—family members, friends, charities, or other entities. Decide who you want to inherit each asset and in what proportions. Digital nomads often have relationships across borders; your beneficiaries could be in different countries. That raises questions about currency conversion, transfer regulations, tax treaties and local laws.


Person in blue shirt writing on white papers at a desk. Focus on hand holding a pen. Blurred background, professional setting.


Draft a Comprehensive Will

A will remains the core document in any estate plan. It states how your property should be distributed and appoints an executor (also called a personal representative) to settle your estate. For digital nomads, a will must address the complexity of multi‑jurisdictional estates. Consider:

  • Ancillary wills or secondary wills for assets located abroad. Some countries require or encourage separate wills for property located in their territory. If you use multiple wills, ensure they do not conflict.

  • Clear choice of law and situs. Specify that U.S. law governs the administration of your U.S. assets and appoint a trusted executor who can work across borders. If you own property abroad, indicate which law controls that property.

  • Guardianship provisions for minor children. Name guardians who can handle cross‑border issues and are willing to relocate or travel if necessary.

  • Digital asset instructions. Include provisions for your executor to access, manage, transfer, or delete digital accounts and assets. Provide a separate, secure document with passwords and instructions.

  • Residency issues. If you are treated as a resident of another country for legal purposes, that country may claim jurisdiction over your estate. Use professional advice to structure your will and property titles to minimize conflict.


When working abroad, revisit your will regularly and update it when you marry, divorce, have children, acquire new assets, or change your domicile. Also update letter of instruction—a non‑binding document that guides your executor and family on how to find your important records, passwords and final wishes.


Consider Trusts for Flexibility and Control

Trusts are versatile tools that can simplify administration, control distributions, protect assets, and minimize taxes. Digital nomads should explore several types of trusts:

  1. Revocable living trusts. These allow you to manage assets while alive and transfer them at death without probate. You can maintain control and amend the trust as your circumstances change. Place U.S. real estate, investments and bank accounts in the trust to avoid probate and maintain privacy. Keep in mind that assets inside a revocable trust remain subject to creditors and estate tax.

  2. Irrevocable trusts. These remove assets from your estate for tax purposes and provide asset protection, but you relinquish control. They may be used for life insurance (ILITs), charitable giving, or gifting investments. If you remain a U.S. citizen or resident, transfers to irrevocable trusts use your lifetime exemption. Evaluate whether irrevocable trusts are appropriate, given the high federal exemption through 2026 and beyond.

  3. Foreign trusts. In certain cases, you may need a trust governed by the law of the country where you reside or hold property. U.S. tax rules for foreign trusts are complex, requiring detailed reporting (Forms 3520 and 3520‑A) and potential penalties for non‑compliance. Make sure you understand whether a trust qualifies as foreign, grantor or non‑grantor under U.S. rules and how distributions will be taxed.

  4. Qualified Domestic Trusts (QDOTs). If you are married to a non‑U.S. citizen, the unlimited marital deduction does not automatically apply to transfers at death. A QDOT allows you to defer estate tax on assets passing to a non‑citizen spouse. The trust must meet specific requirements, including having at least one U.S. trustee.

  5. Special needs trusts. If a beneficiary has special needs, use an appropriate trust to protect their eligibility for public benefits and provide supplemental support across borders.


Trusts provide continuity if you become incapacitated abroad. A successor trustee can manage assets, pay bills, and provide for your family without court involvement. But trusts must be funded correctly. Transfer titles and change beneficiary designations to ensure the trust owns or receives the assets. Work with counsel in both the U.S. and your country of residence to ensure the trust is recognized and enforceable.


Smiling doctor in a white coat holds papers while talking to a seated patient in a medical office. Warm, positive interaction.

Powers of Attorney and Health Care Directives

Digital nomads must plan for incapacity as well as death. Proper documents allow trusted individuals to manage your affairs if you cannot act for yourself.

  • Durable financial power of attorney. This document appoints an agent to handle your financial matters. It should grant authority to manage U.S. and foreign bank accounts, deal with tax authorities, sign property documents, handle insurance claims, and manage investments. Include language that your agent’s authority extends internationally. Some countries require local powers of attorney; you may need separate documents for each jurisdiction.

  • Medical power of attorney and advance health care directive. Appoint someone to make medical decisions if you are incapacitated. Include preferences for life support, organ donation, and other end‑of‑life choices. Carry copies when you travel. Note that local law may require modifications or translations.

  • HIPAA authorization and release. Even if you are abroad, U.S. health providers need HIPAA releases to share medical information with your agent. Provide a comprehensive release with your other documents.


If you become incapacitated abroad without valid documents, family members may face lengthy court proceedings to access your finances or make health decisions. Keep originals safe and accessible, and provide copies to your appointed agents and key professionals.


Man in red shirt hugging a smiling golden retriever on a hillside. Background shows blurred mountains at sunset, creating a warm, serene mood.

Plan for Guardianship of Children and Pets

Digital nomads often travel with children or plan to start families abroad. You must plan for who will care for your children if you die or become incapacitated. Consider:

  • Naming temporary guardians near your current residence to care for your children until permanent guardians can take custody. This is critical if your permanent guardians live in another country.

  • Verifying that your chosen guardians are willing and able to meet immigration and residency requirements to bring your children across borders.

  • Providing for your children’s financial needs through trusts rather than outright inheritances. Appoint a trustee (possibly the same as or different from the guardian) to manage funds responsibly.

  • Addressing education choices, language issues and cultural preferences in your letters of instruction or trust guidelines.

  • Preparing travel consent letters and medical authorization forms whenever you travel without a child’s other parent.


If you have pets, decide who will care for them. Consider a pet trust or instructions within your will to set aside funds for their care and appoint a caregiver.


Manage and Secure Digital Assets

Digital nomads rely heavily on digital assets—cryptocurrency, NFTs, blogs, subscription services, cloud storage and social media. These assets can be valuable financially and sentimentally. Without proper planning, they can be lost or locked away.

  • Inventory digital assets. Keep a secure list of all accounts, including usernames, passwords, 2FA methods, and digital wallets. Use a password manager to store credentials and provide your executor or trustee with access instructions.

  • Specify access and disposition. Your will or trust should authorize a fiduciary to manage digital assets. Outline whether they should be transferred, sold, archived, or deleted. Provide clear instructions for monetized online platforms (YouTube channels, e‑commerce stores) and digital currencies.

  • Stay compliant with terms of service. Some platforms restrict account transfers or provide digital legacy tools. Understand each platform’s policies and use available legacy contact features (e.g., social media legacy contacts).

  • Address data privacy. Work with professionals to ensure that digital asset planning complies with U.S. and foreign privacy laws and cybersecurity regulations.


Sign on a chain-link fence reads "Canada Border Services Agency" with red Canadian flag. Blue sky and blurred landscape in background.

Coordinate Property Across Borders

Owning property in multiple countries adds complexity. Each jurisdiction may have its own succession rules, taxes, and procedures. Plan by:

  • Determining whether the property is movable (like personal belongings) or immovable (real estate). Many countries apply their own laws to immovable property regardless of the owner’s nationality.

  • Considering how property is titled. Joint tenancy, community property, and tenancy in common have different implications for inheritance and taxation.

  • Consulting local attorneys to understand restrictions on foreign ownership, property tax obligations, and inheritance laws (including forced heirship).

  • Using appropriate ownership structures. For example, in some countries, holding property through a local corporation or trust can simplify succession or provide tax benefits. Beware of anti‑avoidance rules and transparency laws.

  • Addressing currency and liquidity issues. If your estate needs to sell property abroad to pay taxes or debts, exchange rates and local market conditions can affect asset values.


Anticipate U.S. and Foreign Estate Taxes

Estate taxes are just one part of international estate planning, but they can be significant. Key points for digital nomads:

  • The U.S. federal estate and gift tax exemption is $13.99 million per person in 2025 and permanently rises to $15 million (with inflation adjustments) in 2026 under the new law. Most estates will not owe federal estate tax, but wealthy families may still face taxes if assets exceed these amounts.

  • The GST exemption matches the estate tax exemption. Generation‑skipping transfers, such as gifts to grandchildren or trusts for multiple generations, may incur additional tax if not planned properly.

  • State estate and inheritance taxes may apply if you own property or are domiciled in a state with such taxes. Check each state’s exemption and rate.

  • Many foreign jurisdictions impose inheritance or estate taxes with lower exemptions than the U.S. They may also tax based on residence or domicile. Some provide deductions for assets located abroad or for taxes paid elsewhere.

  • Tax treaties can offer relief. The U.S. has estate and gift tax treaties with a handful of countries. Review these treaties to see how they allocate taxing rights and whether credits or exclusions apply.

  • Lifetime gifting strategies and trusts can help minimize tax exposure, but they require careful timing and compliance with both U.S. and local laws.


Three people reviewing a contract labeled “AGREEMENT” on a clipboard. Two hold pens. Background shows a white table and glass of water.

Prepare for Healthcare and Insurance Abroad

Health care is a major concern when living abroad. Take steps to ensure continuity of coverage and decision‑making authority:

  • International health insurance. U.S. insurance may not cover care overseas. Purchase appropriate health coverage or travel insurance that covers long‑term stays and pre‑existing conditions.

  • Medicare does not pay for care outside the United States, except in very limited circumstances. If you are nearing retirement age, consider how living abroad will affect your Medicare enrollment and coverage.

  • Long‑term care insurance may not cover care abroad. Check policies and plan accordingly.

  • Medical evacuation insurance may be important if you plan to travel to remote areas. It covers the cost of flying back to a facility that can provide adequate care.

  • Review life insurance policies. Make sure your policy remains valid while living abroad and that beneficiaries are correctly named. Some insurers require notice if you move overseas.

  • Maintain an emergency plan. Create a “go bag” of essential documents: passports, insurance cards, medical records, list of medications, contacts for healthcare providers, and copies of legal documents. Share this plan with your appointed agents and family.


Set Up Communication and Record Keeping Systems

Estate planning documents are useless if they cannot be found or understood. Digital nomads must implement systems to ensure that fiduciaries and family members can access vital information.

  • Use cloud‑based storage with encrypted access to store copies of wills, trusts, powers of attorney, insurance policies, property deeds and passwords. Provide your executor and trusted advisors with instructions on how to access these materials.

  • Create a list of advisors. Identify your estate planning attorney, accountant, financial advisor, insurance agents and local counsel in foreign jurisdictions. Include contact information and the scope of each professional’s responsibilities.

  • Establish regular check‑ins. Schedule annual or biannual meetings with your team to review your plan, update documents, and address changes in laws or personal circumstances. This is especially important as you travel frequently and may not see professionals in person.

  • Communicate your wishes. Talk to your family and beneficiaries about your estate plan and the steps they should take if something happens to you. Clear communication reduces the risk of conflict and confusion.


Concluding Thoughts

Living a borderless lifestyle brings freedom, adventure and opportunity. But it also introduces legal and administrative challenges that you cannot ignore. Estate planning for digital nomads requires a proactive and holistic approach. Review and update your documents regularly; ensure your will, trusts, powers of attorney and healthcare directives reflect your current circumstances and comply with laws in the U.S. and abroad. Inventory your assets and consider how you will transfer wealth across borders. Plan for guardianship of children and care of pets, manage digital assets responsibly, and coordinate with professionals in each relevant jurisdiction.


Above all, engage experienced estate planning attorneys and tax advisors familiar with cross‑border issues. A well‑drafted plan will protect your legacy, ease the burden on loved ones, and allow you to enjoy your adventures knowing that you have your affairs in order. With thoughtful preparation, you can embrace the digital nomad lifestyle while preserving everything that matters most.

Comments


Drop a Line, Let Us Know What You Think

Copyright © 2025 by The Trustee Handbook - all rights reserved. Powered and secured by Wix.

Disclaimer: The Trustee Handbook provides general educational content and is not a substitute for legal advice. No attorney–client relationship is created. Consult a qualified professional for guidance on your specific situation.

bottom of page