Estate Planning
Will and Trust in the US for Brazilians
Every Brazilian with US assets needs a US will. Without one, your real estate, bank accounts, and business interests go through probate — public, slow (6–18 months), and expensive (3–7% of the estate).
Will vs Living Trust — which do you need?
| Item | Last Will & Testament | Revocable Living Trust |
|---|---|---|
| Avoids probate | No | Yes |
| Public process | Yes (filed in court) | No (private) |
| Implementation cost | Lower | Higher |
| Post-death cost | High (probate 3–7%) | Minimal (no probate) |
| Immediate effect | Only after court validation | Immediate |
| Revocable while alive | Yes | Yes |
| Best for | Smaller estate | Substantial estate |
Recommendation for most Brazilians with Florida property: Revocable Living Trust + Pourover Will + Durable Power of Attorney + Health Care Surrogate.
What happens without a US Will
Without a US will, your US assets go through Florida intestacy: spouse without kids → spouse inherits all; spouse + shared kids → spouse inherits all; spouse + kids from another relationship → 50% spouse, 50% kids; no spouse → kids equally; minor kids → court names a guardian (may not be your choice). And the process: months of court in Orlando, $15,000–50,000+ for average estates, all public in county records.
Typical structure for Brazilian family with US property
REVOCABLE LIVING TRUST ("The Pinho Family Trust, dated..."): Grantor/Trustee = you (full control while alive); Successor Trustee = spouse or trusted adult child; Beneficiaries = spouse → children equally. Assets transferred to the Trust: Orlando property (via deed), US bank account, LLC shares. POUROVER WILL: assets not transferred during life pour into the trust at death. DURABLE POWER OF ATTORNEY: lets your representative manage US assets if you become incapacitated. HEALTH CARE SURROGATE: medical decisions if you're unconscious in the US.
Brazilian will and US assets
Common question: "I already have a Brazilian will — isn't that enough?" No. A Brazilian testament does NOT govern US-located assets. US law applies the law of the state where the asset is located for real estate (lex situs). Your Orlando property follows Florida law — not the Brazilian will, not the Brazilian Civil Code. You need both: US will/trust for US assets, and Brazilian will/estate planning for Brazilian assets.
Frequently asked questions
Who can be Successor Trustee?
Any capable adult — spouse, adult child, sibling, attorney, bank, or trust company. For Brazilian beneficiaries, we recommend a US-based co-trustee to ease local operations.
Does the Trust need to be filed in court?
No. The Revocable Living Trust is a private document, not filed. What's filed is the property deed transferring it to the trust.
Can I change the trust later?
Yes. Revocable means you can change or revoke it anytime while alive and capable.
What about my minor kids in Brazil?
For minors, we recommend naming a guardian in the US will. For minor beneficiaries' assets in the trust, we structure subtrusts that release funds at defined ages (e.g., 25% at 25, 50% at 30, 100% at 35) — avoiding premature inheritance.
Do I need to update if I buy a new property?
Yes. Every new property must be transferred to the trust via a new deed. We handle this transfer as a post-structuring service.
Does it cost much more than a simple Will?
Yes, at initial implementation: simple Will $800–1,500; full Trust structure $3,500–7,500. But post-death savings: $15,000–50,000+ in probate costs avoided.
Ready to Take the Next Step?
Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.