DO YOU OWN REAL ESTATE IN ANOTHER COUNTRY? DO YOU NEED ESTATE PLANNING HERE AND THERE?

August 11, 2025

Owning property in a foreign country sounds glamorous—and it is. Whether it’s a villa in Italy, a pied-à-terre in Paris, or a beachfront home in the Caribbean, real estate abroad is a dream for many Floridians. Yet, when it comes to estate planning, that dream can turn into a legal nightmare if you don’t plan properly in BOTH Florida and the country where your property exists.

 IS U.S. ESTATE PLANNING ENOUGH FOR FOREIGN REAL ESTATE?

If you own real estate outside the U.S., your Florida Will or Trust likely won’t control how that property transfers after your death. Instead, the laws of the country where the property is located govern its inheritance—and those laws may be wildly different from Florida’s law.

Some countries have:

  • Forced heirship laws requiring certain family members to inherit specific shares
  • High inheritance taxes or fees
  • Restrictions on foreign ownership transfers
  • Complex probate systems requiring in-country representation

Without proper planning, your family could face:

  • Multiple probates (ancillary proceedings) in each country
  • Unexpected foreign taxes or legal fees
  • Inability to sell, transfer, or access the property efficiently
  • Loss of valuable assets to unintended heirs or even the foreign government

WHAT ARE THE KEY STEPS TO ESTATE PLANNING FOR FOREIGN PROPERTY?

Consult Estate Planning Attorneys in Both Jurisdictions
You’ll need an experienced Florida estate planning attorney (like me!) and a qualified attorney in the country where your property is located. Together, we coordinate a plan that works seamlessly across borders.

  1. Understand the Country’s Succession Laws
    Every country has its own rules about who inherits property, how it’s taxed, and what documentation is required. Don’t assume your Florida Trust or Will alone will suffice.
  2. Consider a Separate Foreign Will or Structure
    In many cases, drafting a separate Will specific to the foreign property—compliant with local laws—is essential. Other solutions might include:
  • A foreign Trust or holding company
  • Joint ownership arrangements with survivorship rights
  • Use of a corporate entity to own the property, where beneficial
  • Address Tax Implications; Owning property abroad may trigger:
  • Foreign inheritance or estate taxes
  • U.S. estate taxes if not properly structured
  • Income tax obligations if the property generates rental income

Proper cross-border estate planning ensures you don’t leave your heirs with an unexpected tax bill—or worse, a legal mess.

  • Coordinate Titles and Beneficiaries
    Make sure the way your property is titled abroad aligns with your overall estate plan. Mismatched titling can inadvertently override your intentions.

WHAT IF I DO NOT PLAN FOR MY FOREIGN REAL ESTATE?

If you own—or plan to buy—real estate in another country, you need a coordinated estate plan that addresses both U.S./Florida law and the law where the property is located.

Don’t leave it to chance, and don’t assume your Florida Will or Trust is enough. The cost of doing nothing? Massive legal headaches, expensive foreign probate, or even loss of property value for your family.

Have property abroad or thinking of buying? Contact me to create a Florida estate plan that protects your US assets—and work with trusted legal counsel abroad to complete the estate planning there.

WHY SHOULD I USE ALLY M. GLASER, PA TO HANDLE MY WILLS AND TRUSTS, ESTATE PLANNING, AND PROBATE MATTERS?

I sell peace of mind and protect my clients and their loved ones with my holistic approach to estate planning. I am authentic, knowledgeable, and caring. As an Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-eight years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Miami-Dade probate court system and Broward County probate court and I know how to get things done. I handle both estate planning and probate cases, thus, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your matters.  I am happy to help you and your loved ones during this important process.