Since Congress established the EB-5 Program in 1990, individuals interested in investing capital into the U.S. can do so and enjoy the benefits of becoming lawful permanent residents of the United States. The EB-5 Program is based on three main elements, (1) an applicant’s investment of capital of at least $500,000 to $1,000,000; (2) in a new commercial enterprise, (3) that creates at least 10 jobs for qualifying employees.
International investors who invest significant capital in California and become green card holders to reside in the U.S. must have an estate plan. In addition to investing the required capital to apply for the EB-5 Program, many investors also invest in other real property, stocks, and business ventures in this country.
In California, if the decedent’s assets are worth more than $150,000, then the estate must go through the expensive and time consuming process of probate. If you are an international investor under the EB-5 program, your California based assets are likely well above this limit. Therefore, a Revocable Trust is crucial to properly plan your estate and avoid probate. A revocable trust allows the Trustor to fund the trust with the assets, specify disposition of assets, designate beneficiaries, and appoint trustees to manage the trust estate.
Here at Chauvel & Glatt, we will prepare an estate plan and fund your assets into your trust. Estate planning is a necessary step to protect your assets and to ensure that your assets will not go to the state of California. Your estate planning documents can be changed or amended according to changes in your life. To learn how our attorneys can assist you with your estate planning or other legal needs, contact us today.