Hollywood, Florida is home to thousands of young immigrant families building new lives, buying first homes, and raising children who may hold a different citizenship than their parents. If that describes your household, you likely already know you need an immigration attorney. What many newcomers do not realize is that you also need an estate plan built specifically for a family whose members hold different immigration and citizenship statuses. The two areas overlap in ways that catch even well-prepared families off guard, and getting one wrong can undermine the other.
The Non-Citizen Spouse and the Marital Deduction Trap
Married U.S. citizens enjoy what is called the unlimited marital deduction. One spouse can leave any amount to the other, free of federal estate tax, because the law assumes the surviving spouse will eventually be taxed on what remains. That assumption breaks down when the surviving spouse is not a U.S. citizen. Congress worried that a non-citizen spouse might inherit a large estate and then leave the country, so the unlimited marital deduction generally does not apply to a non-citizen surviving spouse.
The standard fix is a Qualified Domestic Trust, or QDOT. Property passing into a properly drafted QDOT can still qualify for the marital deduction, deferring estate tax until distributions are made from the trust. A QDOT must meet strict federal requirements, including a U.S. trustee. For couples where one spouse is a lawful permanent resident or visa holder rather than a citizen, this single tool can be the difference between a smooth transfer and an unexpected tax bill. It is also one reason a green card or naturalization timeline matters: if the surviving spouse becomes a citizen before the estate tax return is due and meets certain residency conditions, the QDOT requirement can sometimes be avoided altogether.
Estate Tax Exposure for Non-Resident Non-Citizens
Immigration status also changes how much of your estate is exposed to federal estate tax. U.S. citizens and domiciliaries are taxed on worldwide assets but receive a large lifetime exemption. By contrast, a non-resident who is not a U.S. citizen is generally taxed only on assets located in the United States, such as Florida real estate, but receives a far smaller exemption. A family that owns a Hollywood home while a spouse remains a visa holder living primarily abroad needs to understand exactly which category applies. The distinction between being a U.S. resident for income tax purposes and being domiciled here for estate tax purposes is technical, and it should be reviewed alongside your immigration plan.
Guardianship for Children of Immigrants
For young parents, the most urgent piece of any estate plan is naming a guardian for minor children. This is doubly important in immigrant families, where the people you most trust to raise your children may live in another country or may themselves hold uncertain status. Florida law lets you nominate a guardian in your will, but a court must still confirm that choice, and a guardian living abroad can complicate matters. Many families name a local backup guardian here in South Florida so a child is never left in limbo while a relative overseas navigates the immigration system.
Powers of Attorney When You Travel for Visa Matters
Immigration cases often require travel, sometimes on short notice, for consular interviews or biometrics appointments abroad. A durable power of attorney and a health care surrogate designation ensure that if you are out of the country, someone you trust can manage your Florida property, sign documents, or make medical decisions for a family member. These are inexpensive documents that prevent real hardship when a parent is stuck overseas during a pending case.
Coordinating Your Estate Plan With Your Immigration Case
Your will, trusts, and beneficiary designations should be drafted with your immigration timeline in mind. We routinely encourage clients to keep their immigration attorney and estate attorney working in tandem, because a pending green card, an adjustment of status, or an upcoming citizenship application can each change the right strategy. Our firm focuses solely on estate planning and probate; for the immigration side, we regularly recommend the immigration attorneys at Fitenko Law. Whether your goal is family-based immigration to bring a spouse or parent to Florida, or completing U.S. citizenship and naturalization so a surviving spouse can one day claim the full marital deduction, having dedicated immigration counsel keeps both plans aligned.
Florida Protections Every Family Should Use
- Homestead protection. Florida’s constitution shields your primary residence from most creditors and restricts how it can be devised when you have a spouse or minor children. This protection applies regardless of citizenship, but the devise rules can surprise non-citizen families.
- A valid Florida will. Under Florida Statutes section 732.502, your will must be signed at the end and witnessed by two people who sign in your presence and in the presence of each other. A will drafted abroad may not meet these formalities.
- Trusts under Chapter 736. Florida’s trust code governs revocable living trusts and specialized vehicles like the QDOT, letting families avoid probate and plan across borders.
Newcomers to Hollywood need both an immigration plan and an estate plan, and they need them to talk to each other. If you have built a life and a family here, take the time to protect it correctly. Our estate planning attorneys can build the Florida side of your plan, and we are glad to coordinate with your immigration counsel so nothing falls through the cracks.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.
