Estate Planning for Non-Citizens
Why Estate Planning Is Different When You're Not a U.S. Citizen
Miami was built by immigrants — families who came here with a suitcase and built a life, a home, and a future worth protecting. If you or your spouse is not a U.S. citizen, that future needs a plan built for your reality, not an off-the-shelf template.
Here’s the hard truth: standard estate plans quietly assume everyone involved is a U.S. citizen. When that isn’t true, the ordinary rules change in expensive ways — a surviving spouse can lose a tax break worth millions, foreign property can trigger a second probate abroad, and a well-meaning DIY will can leave your children’s guardianship to a judge. At Alfredo J. Rubio Law, PLLC, we build estate plans specifically for immigrants, green-card holders, visa holders, and mixed-status families — in English and Spanish, with flat-fee pricing.
Who Needs Immigrant-Focused Estate Planning
You don’t have to be wealthy, and you don’t have to be a citizen, to need a real plan. This is for you if you are:
- A lawful permanent resident (green-card holder) — you’re taxed on your worldwide estate much like a citizen, but your non-citizen spouse doesn’t get the same protections.
- A visa holder or non-resident with U.S. assets — a Florida home, a bank account, or a business here can be exposed to U.S. estate tax with almost no exemption.
- Part of a mixed-status family — where spouses, parents, or children hold different immigration statuses.
- An owner of property or heirs abroad — assets in another country, or beneficiaries who live outside the U.S.
- Undocumented — your immigration status does not stop you from making a will, naming a guardian for your children, or protecting what you’ve built.
The Non-Citizen Spouse Tax Trap — and How to Fix It
Here’s the surprise that catches so many Miami couples off guard. When you leave assets to a U.S.-citizen spouse, an unlimited marital deduction lets everything pass estate-tax-free. But when your surviving spouse is not a U.S. citizen, that unlimited deduction generally does not apply — and a large estate can face a substantial federal estate-tax bill at exactly the wrong moment.
The fix is a specialized tool called a Qualified Domestic Trust (QDOT). Structured correctly, it lets your non-citizen spouse benefit from your assets while deferring the estate tax — preserving the protection citizens get automatically. We’ll tell you whether a QDOT makes sense for your family, in plain language.
U.S. Estate Tax: Why Non-Citizens Face a Much Lower Exemption
How much of your estate is shielded from federal estate tax depends heavily on your status:
- U.S. citizens and green-card holders generally get the full federal exemption (in the millions of dollars) — but they’re taxed on their worldwide assets.
- Non-resident non-citizens are taxed only on their U.S.-based (U.S.-situs) assets — but with an exemption of only about $60,000 before the tax kicks in. A single Miami condo can blow past that many times over.
Which category you fall into — and what counts as a “U.S. asset” — is one of the most misunderstood areas of estate planning. We help you understand your exposure and use trusts, ownership structures, and treaty rules to reduce it. (Tax thresholds change; we’ll confirm the current figures for your situation.)
Foreign Assets, Property Abroad, and Heirs in Another Country
Global families need coordinated plans. If your estate crosses borders, we help you avoid the traps that catch immigrant families:
- Property in two countries — without planning, your family may face probate here and a separate (ancillary) proceeding abroad. We coordinate your U.S. and foreign assets so they work together.
- Heirs who live overseas — we structure your plan so beneficiaries in another country can actually receive what you leave them, with less delay and cost.
- Foreign wills and documents — a will drafted abroad may not do what you expect under Florida law. We make sure your Florida plan and your foreign documents don’t contradict each other.
Protecting Your Children and Mixed-Status Families
For immigrant families, an estate plan isn’t only about money — it’s about making sure the people you love are cared for, no matter what happens.
- Guardianship for your children — your will names who raises your minor children if you can’t. Without it, a Florida judge decides. This is the single most important reason for many parents to plan.
- Standby and short-term guardians — for families worried about detention, deportation, or sudden separation, we can put documents in place so a trusted person can care for your children immediately, without a court scramble.
- Powers of attorney and healthcare directives — so a trusted family member can step in for you, in the language your family speaks.
These protections matter for every family — and they’re not affected by anyone’s immigration status.
Why Miami's Immigrant Families Choose Alfredo J. Rubio Law
You need more than a form — you need someone who understands both the law and your life. Miami’s immigrant families choose our firm because we offer:
- Truly bilingual service — Attorney Rubio prepares and explains every document in English or Spanish, so you understand exactly what you’re signing.
- Cross-border experience — we routinely help families with non-citizen spouses, foreign assets, and heirs living abroad.
- Transparent flat fees — you know your full cost before we begin. No hourly surprises.
- Personal, local attention — you work directly with Attorney Rubio, not a call center, from a firm that is part of this community.
Frequently Asked Questions About Estate Planning for Non-Citizens
Yes. You do not need to be a citizen — or even a permanent resident — to make a valid Florida will, name a guardian for your children, or sign a power of attorney. Florida's signing and witnessing rules apply to everyone, and we make sure your documents meet them.
The unlimited marital deduction that lets citizen spouses inherit estate-tax-free generally does not apply to a non-citizen spouse. For larger estates, we often use a Qualified Domestic Trust (QDOT) to defer the tax and protect your spouse. We'll tell you whether it applies to you.
It depends on your status and where your assets are. Non-resident non-citizens are taxed on U.S.-based assets with an exemption of only about $60,000, while citizens and green-card holders get a multi-million-dollar exemption on worldwide assets. We help you understand and reduce your exposure. (Thresholds change; we confirm current figures for you.)
Yes. We coordinate your Florida and foreign assets so your family isn't forced into probate in two countries, and so your U.S. and foreign documents don't contradict each other.
Absolutely. Your immigration status does not prevent you from making a will, naming guardians for your children, or signing powers of attorney and healthcare directives. For many families, this is the most important protection of all.
Yes. We are a fully bilingual firm. Attorney Rubio speaks Spanish fluently and prepares and explains every document in the language you're most comfortable with. Podemos preparar y explicarle todo su plan patrimonial en español.
Schedule Your Free Consultation Today
Your family’s security shouldn’t depend on a form that was never written for people like you. Whether you’re a green-card holder, a visa holder, undocumented, or a citizen with a non-citizen spouse, Attorney Alfredo J. Rubio will build an estate plan that fits your family — and explain every step in plain language, in English or Spanish.
Explore our related services: Estate Planning, Wills, Living Trusts, Probate, and Power of Attorney.
Call 1-844-PODEMOS (1-844-763-3667) or request your free consultation today.
