Probate for Foreign Nationals with Florida Assets
Estate planning often feels a little overwhelming at the best of times – but what about when you do not have your full U.S. citizenship? It’s understandable that resident aliens owning property in the State of Florida may not know where to start or what rules and regulations apply to them when creating an estate plan. While it may be complex, the interplay between state, federal, and international law is real. Foreign nationals owning property in Florida need to get to the bottom of how to handle a Florida estate – this is where experienced attorneys can offer invaluable assistance.
Navigating the probate process in Florida can be complex, especially for non-U.S. citizens who are unfamiliar with our local laws and procedures. Whether you are inheriting property, serving as an executor, or embarking on the settlement of an international estate, the experienced will & probate attorneys at Suncoast Civil Law team is here to help guide you through the process and fight to protect your interests.
Resident Aliens and Foreign Nationals, Non-US Citizens
People in the U.S. can fall under many different status headings, when it comes to matters of citizenship. There are a lot of nuances that need to be further discussed with an experienced attorney but, generally speaking, those people born outside of the United States of America are considered foreign nationals. They will be non-U.S. citizens, if they have not become naturalized under a facet of federal law. Non-U.S. citizens are, logically, subject to the laws of their home country. Under federal and state law non-U.S. persons are not U.S. “citizens” and are, therefore, considered “aliens.”
Aliens are further categorized into either the status of “resident alien” or “non-resident alien.” Resident aliens are those persons who are legally living in the U.S. Resident aliens enjoy many benefits, similar to those of full American citizens.
Probating Estates
Under Florida’s state law, the estate of non-resident aliens who own Florida property at the time of death will usually be subjected to probate administration in a Florida probate court. A resident alien should expect their estate will be probated in the country that they lived in as well as in Florida if they owned property in the state of Florida at the time of their death. This is not limited to ownership in real property – it includes items such as, for example, boats owned and docked in Florida.
It must also be considered that laws of the decedent’s home country may have overlapping probate implications. As Florida administers probate of the estate, requirements of foreign law must also be met. For example, many countries have laws pertaining to taxation on estate property. When administering these kinds of probate estates, you need to ensure that all requirements pertaining to the foreign law in play are adhered to. Understanding nuances, such as higher tax rates imposed by the U.S. on foreign heirs, is essential to ensure that you/the beneficiaries of an estate end probate administration in the best possible position. The experienced will & probate attorneys at Suncoast Civil Law can help.
Contact Suncoast Civil Law
The esteemed Sarasota will & probate attorneys at Suncoast Civil Law have years of experience guiding individuals through Florida’s probate process. Every probate case is unique and calls for the measured expertise our experienced team can provide. Contact our office today to begin discussing your own case.
Sources:
help.flcourts.gov/Other-Resources/Probate
floridabar.org/public/consumer/pamphlet026/