Hallandale Beach is home to a remarkable mix of dual citizens, green-card holders, and families newly arrived from abroad. For these households, building an estate plan is rarely as simple as signing a will. Immigration status touches nearly every part of the plan: how property passes to a spouse, how much federal estate tax may apply, who can serve as a guardian, and whether a beneficiary can even inherit smoothly. Because our firm focuses on Florida estate planning and does not handle immigration matters, we routinely coordinate with a trusted immigration attorney so that both sides of a client’s life are protected.
The Non-Citizen Spouse Problem and QDOT Trusts
One of the most overlooked issues for mixed-status couples is the federal estate tax marital deduction. When a U.S. citizen leaves assets to a U.S. citizen spouse, the unlimited marital deduction generally allows that transfer to pass free of federal estate tax. But that unlimited deduction is not available when the surviving spouse is not a U.S. citizen, even a lawful permanent resident. Congress was concerned a non-citizen spouse might leave the country with untaxed assets.
The standard solution is a Qualified Domestic Trust, or QDOT. By directing assets into a properly drafted QDOT, a family can defer estate tax on transfers to a non-citizen spouse. A QDOT requires a U.S. trustee and specific provisions to qualify. For families in Hallandale Beach where one spouse holds a foreign passport, building QDOT language into the plan, or at least preserving the option, can prevent a costly surprise at the worst possible time.
Non-Resident Aliens and U.S. Estate Tax Exposure
Status matters just as much for clients who live abroad but own Florida property. A non-resident, non-citizen who owns U.S.-situs assets, such as a Hallandale Beach condominium, is subject to U.S. estate tax on those assets, and the exemption available to non-resident aliens is dramatically smaller than the one available to citizens and domiciliaries. Snowbirds and investors who split time between Florida and another country should have their holdings reviewed before, not after, a triggering event. Many investors arrive on E-2 and EB-5 investor visas, and the structure of their U.S. business and real estate holdings can significantly affect later estate tax exposure, so early coordination between estate and immigration counsel pays off.
How Immigration Status Affects Beneficiaries and Inheritance
Florida law does not bar non-citizens from inheriting. A beneficiary’s immigration status does not strip away the right to receive a bequest under a valid Florida will executed in compliance with section 732.502, or under a trust governed by Chapter 736 of the Florida Statutes. That said, practical complications arise. A beneficiary living abroad may face logistical hurdles receiving distributions, and a pending immigration case can be affected by how and when assets are received. A revocable trust under Chapter 736 often gives mixed-status families more privacy and control than probate, while protecting Florida’s constitutional homestead rights for a surviving spouse and minor children.
Guardianship, Powers of Attorney, and Travel Abroad
For immigrant parents, naming a guardian for minor children is essential. If both parents travel internationally, perhaps for a consular interview or to manage affairs in their home country, a clearly designated guardian and standby guardian prevent a child from being left in legal limbo. Equally important are durable powers of attorney and health care directives. Clients who travel abroad for visa appointments or naturalization interviews should have a Florida durable power of attorney in place so financial and legal matters continue uninterrupted while they are out of the country, sometimes for weeks.
Coordinating Your Estate Plan With a Pending Immigration Case
A green-card or naturalization case in progress can change the right estate-planning strategy. Once a non-citizen spouse naturalizes, for instance, the QDOT need may fall away. Timing wills, trusts, and beneficiary designations around expected status changes keeps the plan current. Because these decisions hinge on immigration facts we are not licensed to advise on, we work alongside a Florida immigration attorney so the legal calendar and the estate plan stay in sync.
Why Newcomers to Florida Need Both
New residents often assume estate planning and immigration are separate worlds. For dual-citizen and expatriate families, they are deeply connected. The strongest outcomes come from having both an experienced Florida estate-planning attorney and dedicated immigration counsel at the table. If you have recently settled in Hallandale Beach, or you hold assets in more than one country, we invite you to start that conversation with us, and we will help you assemble the right team.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.
