South Florida draws families from around the world. Many of our clients in the Russian- and Spanish-speaking communities have arrived in the last few years on work visas, investor visas, or pending green-card cases, and they are building lives here while their immigration status is still in motion. For these families, an estate plan is not a stand-alone document. It has to account for who is a U.S. citizen, who is a permanent resident, who is still abroad, and who may be traveling for a consular interview at any moment. Below are the points where Florida estate law and federal immigration realities most often meet.
Citizenship Changes How Estate Tax Works
One of the most common surprises for newcomers involves the unlimited marital deduction. When both spouses are U.S. citizens, one spouse can generally leave an unlimited amount to the other free of federal estate tax. That deduction does not automatically apply when the surviving spouse is not a U.S. citizen, even if that spouse is a lawful permanent resident living in Miami. Congress was concerned that a non-citizen spouse might leave the country with the assets before any tax could be collected.
The standard solution is a Qualified Domestic Trust, or QDOT. Property passing into a properly drafted QDOT can qualify for the marital deduction, deferring estate tax until distributions are made or the surviving spouse passes away. A QDOT has strict requirements, including a U.S. trustee and specific arrangements for paying the tax, so it should be drafted into the plan deliberately rather than added later. For a mixed-citizenship couple, skipping this step can expose a family to tax that careful planning would have avoided.
Non-Resident Owners and U.S. Situs Assets
Estate tax exposure also looks very different for a non-resident, non-citizen who owns property here. A foreign investor who buys a South Florida condo or holds shares through a U.S. brokerage may own what the tax code calls U.S.-situs assets. Non-resident aliens are taxed on those assets under a far smaller exemption than U.S. citizens and residents receive. Families investing from abroad while a visa is pending should understand this exposure before they title real estate in an individual name, because the right ownership structure is much easier to set up at purchase than to unwind afterward.
Florida-Specific Tools Still Apply
Immigration status does not change your right to use Florida’s core estate-planning tools. A valid will under Florida Statutes §732.502 requires the testator’s signature and two witnesses, and that formality applies regardless of citizenship. Florida’s revocable and irrevocable trusts under Chapter 736 work the same way for a green-card holder as for a citizen. Florida’s homestead protections, both the creditor protection and the constitutional limits on devising a homestead occupied by a spouse or minor child, also apply to your primary residence here, which matters greatly for families who put most of their net worth into a single home.
Guardianship, Powers of Attorney, and Travel
Two practical concerns come up constantly with immigrant families. First, guardianship for minor children. If parents are not yet citizens, or if extended family lives overseas, naming a guardian in your estate plan is essential so a Florida court has clear guidance if both parents are unavailable. Second, powers of attorney. Clients frequently travel abroad for consular processing, document collection, or a naturalization-related interview, sometimes for weeks. A durable power of attorney and a health-care surrogate let a trusted person handle financial and medical matters in Florida while you are out of the country.
Coordinating With Your Immigration Case
Because our firm handles estate planning and not immigration, we work alongside dedicated immigration counsel, and we recommend coordinating both at the same time. A pending green-card or naturalization case can change the timing and structure of your plan, and decisions like large gifts or asset transfers can have immigration implications. For the immigration side, we refer clients to USCIS case strategy counsel who can map out the petition timeline, and for families whose status flows from a job offer, to attorneys focused on employment-based immigration. Aligning the two tracks early prevents an estate decision from quietly complicating a visa case, or the reverse.
If you are new to Florida and still navigating your immigration status, you need both an estate plan and immigration counsel working in step. We are glad to build the Florida estate side, in Russian, Spanish, or English, and to coordinate with your immigration attorney so your family is protected on every front.
For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.