In a city as international as Miami, many households are “mixed-status” — meaning the family includes U.S. citizens, lawful permanent residents (green-card holders), visa holders, and sometimes relatives whose immigration cases are still pending. If that describes your family, a standard estate plan copied from a generic template can leave your spouse and children exposed in ways most people never anticipate. Estate planning and immigration law overlap far more than people expect, and getting the two to work together is one of the most valuable things a newcomer to Florida can do.
Why a Non-Citizen Spouse Changes Everything
Married couples often assume that whatever one spouse owns simply passes to the other tax-free. That is generally true under the federal unlimited marital deduction — but only when the surviving spouse is a U.S. citizen. When the surviving spouse is not a citizen, the unlimited marital deduction does not apply in the same way, because the law worries that a non-citizen could leave the country with the assets before any estate tax is ever collected.
The accepted fix is a Qualified Domestic Trust (QDOT). Property left to a non-citizen spouse can pass into a QDOT, which preserves the marital deferral while keeping the assets within reach of the U.S. tax system. A QDOT has strict requirements — including a U.S. trustee — and it must be drafted correctly to qualify. If your spouse holds a green card but has not naturalized, or is here on a visa, this is a conversation to have before, not after, a death in the family. In some cases the cleanest long-term answer is for the spouse to pursue citizenship, which is where coordinating with a Miami immigration attorney alongside your estate plan pays off.
Estate Tax Exposure for Non-Resident Owners
Immigration status also drives how the federal estate tax treats you. A U.S. citizen or domiciliary is taxed on worldwide assets but enjoys a large lifetime exemption. A non-resident, non-citizen who owns U.S.-situated property — such as Florida real estate or shares in U.S. companies — is taxed only on those U.S. assets, but with a dramatically smaller exemption. For families who buy a Miami condo or open a business before establishing U.S. residency, this gap can be expensive and surprising. Determining who is a “U.S. domiciliary” is a fact-specific question that depends heavily on immigration history, so it should never be guessed at.
How Immigration Status Affects Beneficiaries and Inheritance
A common myth is that an undocumented or non-citizen relative cannot inherit. Under Florida law, your beneficiaries do not need to be U.S. citizens — a non-citizen child, sibling, or parent can inherit through a valid will or trust. What status does affect is the practical handling of that inheritance: tax treatment, the ability to serve as a personal representative (Florida imposes residency and relationship limits on out-of-state representatives), and whether a large gift could complicate a beneficiary’s own pending immigration case. If your estate plan and a relative’s family-based immigration petition are moving at the same time, the two should be reviewed together so one does not undermine the other.
Guardianship for the Children of Immigrants
For parents whose own status is uncertain, naming a guardian is not a formality — it is a safeguard. A Florida will lets you nominate who would raise your minor children if something happens to you. In mixed-status families, we often recommend naming both a primary guardian and a stand-by guardian, in case the first choice is abroad or facing their own immigration timeline. Without these designations, a court decides, and the process is slower and far more stressful for the children left in limbo.
Powers of Attorney When You Travel for Visa Matters
Immigration cases frequently require travel — consular interviews abroad, biometrics appointments, or extended stays in a home country waiting on a visa. A durable power of attorney and a designated health care surrogate ensure that someone you trust can handle your finances, sign documents, and make medical decisions while you are out of the country or unreachable. We have seen Miami families unable to close on a property or access a bank account simply because the one signer was stuck overseas at a consulate.
Why Newcomers to Florida Need Both an Estate Plan and Immigration Counsel
Florida offers powerful protections — its homestead rules shield your primary residence, wills are governed by the formal execution requirements of Section 732.502, and trusts are administered under Chapter 736 of the Florida Trust Code. But none of these were written with the cross-border realities of an immigrant family in mind. The plan that protects you is the one built with both lenses at once.
Our firm focuses on estate planning and does not handle immigration matters; for the immigration side of your situation, we routinely recommend coordinating with a trusted Miami immigration attorney so both halves of your plan reinforce each other. If your household includes a non-citizen spouse, a pending green-card or naturalization case, or assets in more than one country, reach out and let’s make sure your Florida estate plan actually fits your family.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York elder law.
