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Estate planning in Miami, FL
Florida residency for tax purposes + homestead protection + international family ties = uniquely complex Miami estates.
Why this matters in Miami
The local angle
Miami's mix of US residents, dual citizens, and international family ties creates exceptional estate-planning complexity. Florida's homestead protection rules can override the will. The lack of state estate/inheritance tax attracts many high-net-worth families to establish Florida residency.
Local nuance
Florida residency for tax purposes requires intent + physical presence + driver's license + homestead exemption claim + voter registration. The 183-day rule is a starting point, but not sufficient on its own — the IRS and other states look at the totality.
Top concerns for Miami families
- Florida homestead protection + descent
- Multi-state and international families
- Florida residency proof requirements
- Snowbird tax-residency planning
Florida state law
At a glance
Miami estate work is governed by Florida state law. Here's what every family should know.
3% of estate first $1M, sliding scale thereafter (statutory)
Summary administration (Fla. Stat. §735)
No inheritance tax
Spousal rights
Elective share: 30% of elective estate (Fla. Stat. §732.201)
Common pitfalls
- Florida homestead protections are strong but limit who can inherit
- If decedent has minor children, homestead cannot be devised away from them
- Snowbirds: domicile vs residence question can trigger another state's tax
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