Estate Planning for Russian- and Spanish-Speaking International Families in Boca Raton

Boca Raton draws families from around the world — many of our clients arrive from Russia, Ukraine, Latin America, and beyond, often while a green-card or naturalization case is still pending. For these international families, estate planning is not a separate concern from immigration; the two are deeply connected. A plan that ignores citizenship and residency status can fail at exactly the moment it matters most. Here is what newcomers and non-citizen families in Florida should understand.

The non-citizen spouse problem most plans miss

Under federal law, a U.S. citizen may leave an unlimited amount to a citizen spouse free of federal estate tax — the so-called unlimited marital deduction. That deduction does not apply when the surviving spouse is not a U.S. citizen, even if that spouse is a lawful permanent resident living here in Palm Beach County. Congress was concerned that a non-citizen surviving spouse might leave the country with the assets before tax could be assessed.

The standard solution is a Qualified Domestic Trust (QDOT). Property passing into a properly structured QDOT can qualify for the marital deduction, deferring estate tax until distributions are made from the trust or the survivor dies. A QDOT must meet strict requirements — including a U.S. trustee with authority to withhold tax — so it cannot be improvised after a death. For mixed-status couples, this is often the single most important reason to plan early.

Non-resident aliens and U.S. estate tax exposure

Immigration status also changes how the estate tax itself works. A non-resident, non-citizen (a “non-resident alien” for tax purposes) is taxed only on U.S.-situated assets — and receives a far smaller exemption than a U.S. citizen or domiciliary. For a family that owns a Boca Raton condo, a brokerage account, or a stake in a U.S. business while still living abroad or holding a temporary visa, this can create a surprising tax bill. Whether someone is treated as a U.S. “domiciliary” turns on intent and facts, not just a visa stamp, which is why estate counsel and immigration counsel need to speak the same language.

How status affects who can inherit — and how

Immigration status rarely prevents someone from inheriting, but it shapes how an inheritance should be delivered. A beneficiary who is undocumented, on a temporary visa, or mid-process may be better served by a trust under Florida’s Chapter 736 trust code than by an outright bequest, so funds can be managed without disrupting a pending case or exposing assets unnecessarily. Florida’s homestead protections add another layer: your primary residence enjoys strong creditor protection and special devise rules under the state constitution, and those rules apply regardless of the owner’s citizenship.

Guardianship for the children of immigrants

Naming a guardian for minor children is critical for every family, but it carries extra weight when parents are non-citizens. If both parents are detained, deported, or simply traveling abroad for a consular appointment, a clear guardianship designation in your Florida documents tells a court who you trust to care for your children. We strongly encourage international families to name both a primary and a backup guardian, and to discuss who is realistically available to serve.

Powers of attorney for visa travel and pending cases

Clients frequently travel abroad for visa interviews, consular processing, or family matters — sometimes for weeks. A durable power of attorney and a health care surrogate ensure that someone you trust can sign documents, manage accounts, and make decisions while you are out of the country or unreachable. Your will must also meet Florida’s execution formalities under §732.502 — two witnesses and a notary for a self-proving will — so it holds up here regardless of where it was originally drafted.

Two kinds of counsel, working together

Our firm handles your Florida estate plan; we do not practice immigration law. But the best outcomes happen when both sides coordinate. We regularly recommend that clients pair their plan with a dedicated immigration attorney — for example, for employment-based immigration matters tied to a business interest, or for thoughtful USCIS case strategy when a green-card or naturalization case is in progress and timing affects how assets should be titled.

• Review whether a QDOT belongs in your plan if either spouse is a non-citizen.
• Confirm guardianship and backup guardianship designations are current.
• Put durable power of attorney and a health care surrogate in place before any travel abroad.
• Coordinate asset titling with your immigration timeline.

If you are new to Florida and building a life in Boca Raton, you likely need both an estate plan and immigration counsel. We are glad to handle the first and point you to the right professionals for the second. Contact our office in your language to get started.