Estate Planning for Immigrant and Cross-Border Families in Palm Beach, Florida
Palm Beach is home to families with roots in Brazil, Haiti, Colombia, Canada, the United Kingdom, and dozens of other countries. When your assets, your relatives, and sometimes your citizenship span more than one nation, a one-size-fits-all estate plan rarely fits. Our focus is helping immigrant and cross-border households put their Florida affairs in order under Florida law, while staying mindful of the realities of property and family abroad.
Why Cross-Border Families Need a Florida-Specific Plan
If you own a home, a condo, or a bank account in Florida, those assets are generally governed by Florida law and may pass through the Florida courts when you die. That is true whether you are a U.S. citizen, a green card holder, an H-1B or E-2 visa holder, or a snowbird who spends winters here. A will signed in another country may not be self-proving in Florida, and assets titled here can still require Florida probate even when your primary home is overseas.
The Core Documents We Help You Put in Place
Most families benefit from a coordinated set of documents rather than a single form:
- A Florida will executed with two witnesses and, ideally, a notary so it is self-proving under §732.502.
- A revocable living trust (Chapter 736) to help keep Florida real estate and accounts out of probate and to coordinate with assets abroad.
- A durable power of attorney (Chapter 709) so a trusted person can manage finances if you cannot.
- A health care surrogate and living will for medical decisions.
Issues That Come Up Again and Again
Cross-border families face questions a generic plan often misses: How does Florida’s homestead protection (Art. X, §4 of the Florida Constitution) affect a non-citizen spouse? What happens to a property you still own in your home country? Will your overseas heirs be able to inherit Florida assets, and how will the paperwork reach them? We also address the spousal elective share (§732.2065 and following), which generally entitles a surviving spouse to 30% of the elective estate regardless of what the will says.
Good News on Florida Taxes
Florida imposes no state estate tax and no state inheritance tax. Your planning concerns here are usually about avoiding probate delays, protecting a surviving spouse, and coordinating with the laws of another country, rather than state death taxes. (Federal rules and the rules of your home country are separate matters worth discussing.)
Probate and How Families Avoid It
Florida offers summary administration for smaller or older estates and formal administration for larger ones. Formal administration is generally required when the estate exceeds $75,000 in non-exempt assets or when fewer than two years have passed since death. Tools like revocable trusts and Lady Bird (enhanced life estate) deeds can help your family skip much of this process.
Talk With a Florida Attorney
This page is general information, not legal advice for your situation. Cross-border estate planning depends heavily on your specific assets, immigration status, and family. We encourage you to consult a licensed Florida attorney who can review your circumstances and design a plan that works on both sides of the border.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.