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Florida Probate Procedures for Resident and Non-Resident Aliens.

Uncategorized Jan 15, 2015
post about Florida Probate Procedures for Resident and Non-Resident Aliens.

Non-US Citizens are characterized for the purposes of legal proceedings as either “resident” or “non-resident” in status, depending, obviously, is they are legally domiciled in the US. The status of non-US citizens is particularly important for the purposes of Florida estate administration.

  • Under Florida Probate law, the estate of non-resident aliens who own property in Florida will have to go through a probate administration in Florida Probate court when the non-resident passes away.
  • Resident aliens, however, will often need to have their estate opened in the country where they formerly lived, as well as in Florida, if they owned property in Florida at the time of their death.
  • Additionally, the laws of the non-US citizen’s original country may have overlapping implications that affect the decedent’s will.
  • One of the most important factors to consider when dealing with multiple countries is the issue of“double taxation” on Florida estate assets.

West Palm Beach probate attorneys know, the United States has entered into treaties with many foreign countries which limit the amount of double taxation upon an individual’s Florida property. In some instances the treaties can completely prevent it.

What will happen to your home in Boca Raton, or your boat in Fort Lauderdale, upon the administration of your estate? The importance of estate planning for resident aliens and non-US citizens owning property in Florida (West Palm Beach) is critical. Due to the overlapping nature of state law, federal law, and international law, it is vital for resident aliens and foreign nationals who ownproperty in Florida to prepare for the legal impact their death may have upon their estate.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.