Florida Probate Lawyers for Non-US Citizens

For example, the United States has entered into treaties with many foreign countries which limit the amount of double taxation upon an individual estate’s property, or completely prevent it, depending upon their negotiated provisions. Probating of the resident alien’s estate will need to ensure that the requirements of foreign law are met. Some foreign countries reserve the right to tax their citizens, even if they are resident aliens of the United States. See Austria, Denmark, France, Germany, Netherlands, Sweden, United Kingdom. Other treaties granting the right to tax the country where the asset is physically located at the time of the decedent’s death regardless of citizenship. See Australia, Greece, Finland, Ireland, Italy, Japan, Norway, South Africa, Switzerland.

Key Challenges for Non-U.S. Citizens in Florida Probate

1. Tax Implications

Non-U.S. citizens inheriting assets in Florida may be subject to U.S. estate taxes, which can differ significantly from those in other countries. The U.S. imposes higher tax rates on foreign heirs, and understanding these implications is crucial for planning.

How We Help:
Our Florida international probate attorneys work with tax experts to evaluate the estate's tax obligations and develop strategies to minimize liabilities.

2. Ownership of Florida Real Estate

Florida law allows non-U.S. citizens to inherit property, but transferring ownership can involve complex legal processes. Additionally, non-resident heirs may face challenges in maintaining, selling, or leasing the property due to visa or tax constraints.

How We Help:
We guide clients through the property transfer process, ensuring compliance with state and federal laws, and advise on the best course of action for managing inherited real estate.

3. International Communication and Coordination

Probate cases involving heirs or assets in other countries require effective communication and a thorough understanding of international probate treaties and agreements.

How We Help:
Our team coordinates with international legal professionals and government agencies to ensure smooth estate administration across borders.

Why Choose Adrian Philip Thomas, P.A.?

1. Expertise in International Probate

With decades of experience, we’ve handled numerous cases involving non-U.S. citizens, ensuring compliance with Florida probate law while addressing unique international concerns.

2. Comprehensive Legal Support

From estate planning and asset protection to probate litigation, our attorneys provide end-to-end support tailored to your needs.

3. Multilingual Services

We offer multilingual support to bridge communication gaps and provide clarity to non-English speaking clients.

4. Personalized Attention

We recognize that every case is unique. Our attorneys take the time to understand your specific circumstances and deliver customized solutions.

Secure Your Legacy with Expert Legal Guidance

At Adrian Philip Thomas, P.A., we understand the intricacies of Florida probate law and the unique challenges faced by non-U.S. citizens. Our team is committed to simplifying the process and delivering practical, effective solutions tailored to your needs.

Related Readings:

• Can Non U.S. Citizens Inherit Property?

If you have comments or questions regarding how a Florida probate lawyer at Adrian Philip Thomas, P.A. might be of assistance in your particular case, please feel free to contact the firm’s office at (954) 764-7273 to schedule a free initial consultation with one of our attorneys.

Common FAQs for Non-U.S. Citizens in Florida Probate

Can non-U.S. citizens serve as personal representatives in Florida?

Yes, but only if they meet specific requirements. Non-U.S. citizens must have a close relationship to the deceased and reside in the U.S. to qualify.

Are foreign wills recognized in Florida?

Florida generally honors foreign wills if they meet the legal requirements of the jurisdiction in which they were created. However, they may still need to go through the Florida probate process.

Do non-U.S. citizens pay higher estate taxes?

Estate tax obligations depend on the size of the estate and the residency status of the heir. Non-resident heirs often face more significant tax implications than U.S. citizens.