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Top 3 Estate Planning Mistakes Made By Immigrants Living In The US

5/14/2019

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MISTAKE #1 – NOT PLANNING FOR DEPORTATION: Deportation can happen at any time. Even if you have entered the US legally, it does not mean that you may be deported. Administrative mistakes, getting in trouble with law enforcement, changes in relationships with your host country, can all quickly change your status and result in your deportation. If you do not have legal documents in place to provide Guardianship for your children and protection for your property, you can find yourself separated from both when you are deported.

MISTAKE #2 – NOT PLANNING FOR PROPERTY IN BOTH COUNTRIES: Laws regarding the disposition of property for their citizens living in the United States vary from country to country. Some countries do not recognize US Estate Planning laws and will not apply them to your property in your home country. Additionally, documents written for your property in the US may contradict documents that you have in your host country regarding the disposition of your property. If you own property in both the US and your host country, you need to be sure that you have an estate plan for both countries. Working with a law firm that has attorneys that are familiar with both US and your host country’s laws can save you thousands of dollars.
MISTAKE #3 – NOT PLANNING FOR THE TAX LIABILITY: Immigrants that pass away in the United States have different tax standards than US citizens. Additionally, there may be tax liabilities that you did not consider for your host country. When looking at estate planning, you need to recognize the special tax liabilities that you are facing as an immigrant in the US.

Written By: ​Tiago Camargo

Tiago Camargo was raised in Parana, Brazil. He graduated from Parana State University – Brazil. He also received a Master’s Degree LLM from Brigham Young University. Tiago has been married to his wife Larissa for 9 years and they are the parents of 3 children. In his free time, Tiago enjoys fishing, camping, mountain biking, hiking and Brazilian Jiu Jitsu.
 
With experience in Private International  Law, Corporate Law, and civil litigation, Tiago serves clients in Curitiba and Sau Paulo, Brazil as well as the Utah County area. Providing his clients honest, competent, professional services is Tiago’s mission. He is fluent in Portuguese, Spanish, French and English.

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