Can Immigrants or Non-Citizens Inherit Property?

In South Florida, as in many areas of the country, we have a diverse citizenship — and many of our relatives may either live in another country, or else, they may be here in the United States with any form of immigration status. But do either of those things affect someone’s ability to inherit property through a will or through the determination of a probate court?

No Restrictions, But…

The short legal answer is no, there is nothing that legally prevents someone who is an immigrant from inheriting property, nor is there any restriction on leaving property to someone who may live in another country.

The problem when it comes to people living in other countries is often more practical than legal, and it is twofold.

Managing the Property

The first problem is a practical one; if the property being let to someone is here in the United States, and the beneficiary is overseas, there may be a problem. If the property is small personal property, it is less of a problem, but if the property cannot be shipped — such as real estate or a business or perhaps even a vehicle — the person overseas cannot utilize the property, maintain it, or in some cases, may not even be able to legally sell it.

Tax Problems

Taxes also become a problem. While here in the United States our inheritance and estate taxes are set at a very high threshold — most people will never have to bother with them because their estate isn’t worth enough money — that may not be the case overseas. Leaving property to someone in a country that does heavily tax inheritances, can lead to the beneficiary getting a fraction of what you wanted him or her to inherit.

What About Immigration Status?

Someone in the United States as an immigrant with any status, can legally inherit property that is left to them, or which they are entitled to through intestate laws. The limits of what someone inheriting can and cannot do, has as much to do with immigration law as it does probate or estate law, but it is something to be considered before just leaving property outright to someone on or with any kind of immigration status.

For property that needs maintenance or upkeep, again like real estate or businesses or cars, the beneficiary needs to have the legal ability to do that, and to have their name on bank accounts, or to pay taxes, or do everything that a United States Citizen can do.

Someone here on a temporary basis, needs to give thought as to what they will do with the property when and if their visa expires or if they had to leave the country for any reason, voluntarily or involuntarily.

Appearances in Court

And then there are the practical concerns — probate court may require court appearances by someone inheriting property (although not always). If that is the case, many who might be uncertain of their immigration status may be fearful of showing up in person to a government building.

Call the West Palm Beach probate lawyers at The Law Offices of Larry E. Bray today for help with your probate law issue, or to try to avoid probate court through good estate planning.

Source:

wm.calamos.com/newsinsights/advice-and-planning-insights/estate-planning-when-a-spouse-is-a-non-us-citizen