cash gift vs inheritance

[cavatinamyers]

My father, non-US citizen, non-resident alien, passed away overseas, and had exceeding 15k to give me. Which way is better? - 1) transferring money from his account(overseas) to mom's account (overseas, mom is alive), then from mom's account to my account in USA as a gift; OR transferring from dad's account to mine as inheritance (provide Death Certificate), then close dad's account? Thanks

 

[Michael Wechsler]

Did your father have a will? If so, then this discussion about what to call the transfer retroactively is moot. Hypothetically, my understanding is that the estate tax wouldn't apply but you would have to pay a gift tax if it was from your father to yourself. If your mother had the money and then transferred it to you, you might be subject to taxes in the country where she resides. See these pages on the IRS website for more information:

IRS: Estate and Gift Tax Information

Frequently Asked Questions About the Gift Tax