For many first-generation families in West Palm Beach, buying a home is the milestone that finally makes Florida feel permanent. But for clients who are immigrants, non-citizens, or part of a mixed-status household, that home raises legal questions an off-the-shelf estate plan rarely answers. Immigration status touches nearly every part of an estate plan, and the two areas of law have to be coordinated to protect what you have built.
This article explains where estate planning and immigration law intersect in Florida, and why newcomers often need counsel in both areas. Our firm handles estate planning only; for the immigration questions discussed below, we regularly recommend that clients work with a dedicated immigration attorney such as the team at Fitenko Law.
The non-citizen spouse problem: the marital deduction and QDOT trusts
Under federal estate tax law, a U.S. citizen can generally leave an unlimited amount to a surviving spouse free of estate tax thanks to the unlimited marital deduction. That deduction does not automatically apply when the surviving spouse is not a U.S. citizen, even if that spouse is a lawful permanent resident.
The reason is practical: the government worries a non-citizen spouse could inherit assets and then leave the country before any estate tax is ever collected. The standard solution is a Qualified Domestic Trust (QDOT), which can preserve the marital deduction by holding the assets under specific rules, including a U.S. trustee. For first-generation couples in West Palm Beach where one spouse holds a green card and the other is a citizen—or where neither is yet a citizen—a QDOT can be the difference between a smooth transfer and an unexpected tax bill. Whether you need one depends on the size of the estate and each spouse’s status, which is exactly why the plan should be drafted with both facts in mind.
Estate tax exposure for non-resident, non-citizen owners
The rules tighten further for people who own Florida property but are not U.S. residents for tax purposes. Non-resident aliens are subject to U.S. estate tax on their U.S.-situated assets—and Florida real estate is squarely a U.S. asset—with a far smaller exemption than the one available to citizens and residents. A relative abroad who buys a condo in West Palm Beach, or a client whose immigration case is still pending, may have meaningfully different exposure than a naturalized citizen neighbor on the same street. We do not invent numbers for your situation; we calculate them based on your residency and domicile.
Florida tools still apply—and still need tailoring
Your immigration status does not stop you from using Florida’s core estate planning tools. A valid Florida will under Fla. Stat. §732.502 requires your signature and two witnesses, regardless of citizenship. Revocable and irrevocable trusts under Chapter 736 of the Florida Statutes are available to residents and non-residents alike. And Florida’s homestead protections—which shield a primary residence from most creditors and restrict how it can be devised when there is a spouse or minor child—apply to your home based on residency and use, not on a passport.
The catch is that these tools have to be drafted around your status. Homestead’s restrictions on leaving the property to anyone other than a spouse or minor children can collide with a plan that assumes you will simply will the house to whomever you choose.
Guardianship for the children of immigrant parents
If you have minor children, naming a guardian is one of the most important decisions in your plan. For immigrant families it carries an extra dimension: the person you trust most may live abroad or may not yet have stable status here. Florida lets you nominate a preferred guardian, but courts weigh the child’s best interests, and a guardian’s own immigration situation can become a practical issue. Building a clear, layered nomination—with a U.S.-based backup—prevents a custody vacuum if something happens to you.
Powers of attorney for clients traveling abroad
Immigration cases routinely require travel—consular interviews, biometrics, or extended time in a home country. A durable power of attorney and a health care surrogate let someone you trust handle finances, closings, and medical decisions while you are out of the country. For a homeowner mid-transaction or a spouse abroad for a visa appointment, these documents keep life moving instead of stalling.
Coordinating with a pending green card or naturalization case
Timing matters. Your status today may not be your status in two years, and an estate plan written for a green-card holder may need revisiting once you naturalize—particularly the QDOT analysis, which can fall away once a spouse becomes a citizen. If your matter involves family green cards or an employment-based immigration petition, the projected outcome should inform how—and when—your documents are drafted. Because we focus on estate planning, we coordinate with your immigration counsel rather than guess at the immigration side.
Why newcomers need both
A West Palm Beach estate plan and a sound immigration strategy answer different questions, but they protect the same family and the same home. First-generation homeowners get the most security when the two work together. We invite you to speak with our estate planning attorneys, and to retain qualified immigration counsel for your status matters, so your plan reflects both who you are today and who you are becoming.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.
