Legal Question in Wills and Trusts in Florida
Will Preparation for Foreigner owning Land in Florida
My father is a foreigner from Trinidad (not a US citizen or resident) who currently owns a small parcel of land in Florida. What kind of will does he need to designate his property to his children? Are there any special US guidelines needed?
2 Answers from Attorneys
Re: Will Preparation for Foreigner owning Land in Florida
Since he is not a resident nor lives in the USA, he needs a valid Will in Trinidad, but it must also conform to USA and FL law. I suggest rather than doing a Will, it might be easier to create a living trust to own title to the property. This would cover the property both while he was alive and upon his death, without necessitating a probate which could possibily create a problem if he had an invalid Will under Florida law. I can help you and the fee would not be large, but would depend upon how much time was involved and how easy/difficult it might be to register the property to the trust. I estimate the fee might be around $750 more or less.
Re: Will Preparation for Foreigner owning Land in Florida
You probably do not need a US will. However, depending on the value of the property, the property may be subject to significant US estate taxation upon your father's death.
I suggest you consult with a US estate tax planning attorney with more details. You may contact my office at [email protected] if you need additional assistance.
Anthony S. Park