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?


Asked on 11/19/05, 12:21 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

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Answered on 11/19/05, 3:19 pm
Anthony Park Anthony S. Park, PLLC

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

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Answered on 11/19/05, 5:11 pm


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