Palm Beach has long drawn international families, and in recent years our community has welcomed a growing number of Russian- and Spanish-speaking households putting down roots in South Florida. If you or your spouse holds a green card, a visa, or a pending naturalization case, your estate plan cannot be treated as an afterthought. Immigration status touches almost every part of how Florida and federal law will treat your assets, your spouse, and your children. The two areas are deeply connected, and getting them to work together is one of the most valuable things a newcomer family can do.
It is important to say up front what our firm does and does not handle. We are a Florida estate planning firm; we do not practice immigration law. For the immigration side of your situation, we routinely recommend the attorneys at Fitenko Law, who serve Russian- and Spanish-speaking clients across South Florida.
The Non-Citizen Spouse and the QDOT Trust
One of the most common and costly surprises for international couples involves the federal estate tax. U.S. citizens enjoy an unlimited marital deduction, meaning a spouse can inherit any amount free of federal estate tax at the first death. That deduction is not automatically available when the surviving spouse is not a U.S. citizen, even if that spouse is a lawful permanent resident living here in Palm Beach.
The standard solution is a Qualified Domestic Trust, or QDOT. A properly drafted QDOT, governed by Florida’s trust code under Chapter 736, allows assets to pass to a non-citizen surviving spouse while preserving the marital deduction and deferring estate tax. The details matter: QDOTs carry specific trustee and reporting requirements, and they must be in place before they are needed. If your spouse later naturalizes, the planning picture changes again, which is exactly why an estate plan and an immigration timeline should be coordinated rather than handled in isolation.
Estate Tax Exposure for Non-Resident Owners
Families who own Florida property but are not U.S. residents face a very different and often harsher federal estate tax regime. Non-resident aliens generally receive a far smaller exemption against U.S.-situated assets, such as Palm Beach real estate, than citizens or domiciliaries do. A condo purchased as a winter home can carry estate tax consequences that surprise heirs abroad. Structuring ownership thoughtfully, in coordination with your residency and immigration status, can prevent an avoidable tax bill.
Florida Homestead, Wills, and Your Beneficiaries
Florida’s homestead protections are powerful, shielding your primary residence from most creditors and giving surviving spouses and minor children important rights. These protections apply based on residency and primary-home status, not citizenship, which is good news for immigrant families. To direct the rest of your estate, you need a valid Florida will. Under §732.502, a Florida will must be signed by you and witnessed by two people in each other’s presence. Beneficiaries who live abroad or who are not citizens can still inherit, but cross-border distributions, foreign-account reporting, and currency issues call for careful drafting.
Guardianship for the Children of Immigrants
Naming a guardian for your minor children is essential for every parent, and even more so for immigrant families whose closest relatives may live in another country. If both parents travel abroad for a visa interview or a family emergency, who cares for the children in the meantime? A well-drafted plan can name both a long-term guardian and a temporary, locally available caregiver, reducing the risk of a child being left in legal limbo.
Powers of Attorney and Travel for Visa Matters
International families travel often, sometimes on short notice for consular appointments or naturalization interviews. A durable power of attorney and a health care surrogate ensure that someone you trust can manage finances, sign documents, and make medical decisions if you are out of the country or unavailable. This is practical protection that pairs naturally with an active immigration case.
Plan the Two Tracks Together
A pending green-card or naturalization case can change your tax status, your spouse’s eligibility for the marital deduction, and the best structure for your trust. That is why we encourage clients to keep their estate plan and immigration strategy in the same conversation. For green cards, work visas, and employment-based immigration, and for navigating petitions, interviews, and USCIS case strategy, we point clients to Fitenko Law, then build the Florida estate plan around that roadmap.
If your family is new to Palm Beach, you likely need both an immigration attorney and an estate planning attorney. We are glad to handle the Florida side and to coordinate so the two plans reinforce, rather than undercut, each other.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York elder law.
