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Qualified Domestic Trust

Qualified Domestic Trust Attorney in South Florida

Meeting the Estate Planning Needs of Non-Citizens

Estate planning is a complex area of law—especially if you or your loved one lack the full rights and benefits that come with U.S. citizenship. Immigration status can have a profound impact on your options within estate planning and what measures you may need to take to protect both your assets and potential beneficiaries.

At The Gaston Law Firm, P.A., we offer both immigration and estate planning services, which is why we are uniquely qualified to help non-citizens accomplish a wide range of estate planning goals. One device frequently used to meet clients’ needs is the qualified domestic trust, which allows non-citizens to receive the marital estate tax deduction when their spouse passes away. With extensive experience and well-honed skills, our attorney is fully equipped to help you understand and utilize this powerful type of trust.

Learn more by calling (888) 388-6859 or contacting us online today. We provide services in St. Lucie County, Martin County, and surrounding communities.

What Is the QDOT Trust?

Typically, spouses qualify for a marital deduction on estate taxes when they inherit their deceased spouse’s estate. Only U.S. citizens, however, are eligible for this deduction.

The qualified domestic trust (QDOT) provides non-citizens with a way to access this deduction despite their immigration status. Any assets placed into this trust before the estate owner’s death can be inherited by their non-citizen spouse with the 100% marital deduction on any estate taxes owed. In other words, the non-citizen can inherit the assets in the QDOT without paying anything in taxes. As such, the QDOT is arguably the best way to protect the full value of marital assets when one spouse is a non-citizen.

To accomplish this goal, the QDOT’s trustee (the person or entity who manages the assets within the QDOT) must be either a U.S. citizen or a qualifying domestic corporation. Keep in mind that the estate tax does not permanently disappear—it must be paid once the surviving non-citizen spouse passes away.

If you would prefer not to establish this type of trust, your other option may be to acquire citizenship through naturalization. Learn more about this process, how to qualify, and potential benefits here.

Get Started on Your Estate Plan Today

Are you looking to the future with concern about how your immigration status (or the status of your loved one) may affect your estate? Whether a QDOT is right for you and your spouse depends on many different factors, and our attorney at The Gaston Law Firm, P.A. can closely analyze your case to determine the right way forward. No matter which estate planning strategy we use, you can trust us to prioritize your best interests and help you anticipate potential obstacles.

Contact us online or call (888) 388-6859 to request your free initial consultation today.

What Makes Us Different

  • Award-Winning Representation
    We are members of the American Immigration Lawyers Association and have achieved a perfect 10.0 Superb rating on Avvo!
  • Specialized Experience
    We have an intimate knowledge of immigration laws and process, and our lead attorney has experience as a former prosecutor.
  • Honest & Ethical Counsel
    We stay openly connected to our clients throughout the process, and provide personalized strategies and proactive representation.

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FAQ

Common Answers To Your Questions


  • I’m a foreign national studying in the U.S., can I stay within the country following graduation?
    To stay in the country following graduation, a student will need to obtain an H-1B temporary worker visa. Typically, graduates who work in a specialty field (such as a medical professional or engineer) will be able to obtain this visa with ease. To ensure that this process moves smoothly, it is recommended that students apply for this visa as early as possible to avoid penalties.
  • Can I become a citizen after I am granted permanent residency?
    Yes! If you live in the country for five years as a permanent resident, you will be able to obtain citizenship through naturalization. To be eligible for this, however, you must have been physically living in the country for at least half of those five years – and must not have left for a time period longer than six months.
  • I am looking to adopt a foreign child – how can I make the process as fast as possible?
    For those who are looking into adoption, but have yet to identify the child that they are interested in adopting, it is recommended that they file an Application for Advance Processing of Orphan Petition. This will allow for the portion relating to the approval of the parents to be completed by the time the child is chosen so that the adoption process can be expedited.
  • If I become a citizen, what are the privileges that I will experience?
    There are three primary privileges that citizens can experience. These include being able to vote in local, state and national elections; having the ability to obtain a passport; and sponsoring relatives in their efforts to become a permanent resident.