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FOR IMMIGRANT INVESTORS · CLARINGTONClarington

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This Clarington guide considers an inheritance used for EB-5. The evidence should establish entitlement under the estate, actual distribution and a traceable lawful history, rather than relying only on a will or expected inheritance.

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Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

IN THIS GUIDE · Inherited assets and estate distributions

Start with the EB-5 eligibility and application overview

01

Identify the asset actually received

An estate may distribute cash, securities, property or a share of an unresolved administration. Describe what the investor legally received and when. A will naming a beneficiary does not necessarily prove that funds have been distributed or are available for investment. Collect estate authority and distribution records appropriate to the jurisdiction, with professional explanation of the investor’s entitlement.

02

Follow any conversion into cash

If inherited property or securities are sold, document both the inheritance and the later sale. Match sale proceeds to bank receipts and onward investment transfers. Keep commissions, taxes and other deductions visible. The source chain should not begin at the liquidation because doing so leaves unexplained how the investor lawfully acquired the asset being sold.

03

Coordinate with the estate representative

Ask early which estate accounts, asset records and distribution statements can be supplied. Counsel can determine the evidence needed to support lawful source, including the underlying asset history where relevant. Preserve the representative’s contact details and clear copies of official records. Avoid assuming that a beneficiary’s personal declaration substitutes for records controlled by the estate.

04

Separate expectations from available capital

Pending probate, disputes or staged distributions may affect when funds can be used. Do not make an irreversible funding assumption from an estimated estate value. Align investment commitments with the actual legal and financial position. Any borrowed bridging funds create their own source and loan questions and should be documented honestly rather than described as inheritance already received.

05

Establish three separate propositions

An inheritance requires more than a document showing that someone died and left an estate. Three things generally need establishing and they are supported by different records. The first is the deceased's own lawful acquisition of the assets, which reaches back into a history the investor may know little about and which can be the hardest part of the file. The second is the investor's entitlement under the estate, evidenced by the will or the applicable law of succession, the grant or its equivalent, and the executor's or administrator's records. The third is the actual distribution — what was transferred, when, and to whom — evidenced by the estate accounts and the receiving records. An expectation under a will that has not been administered is none of these, and a file resting on the will alone leaves the two harder propositions unaddressed.

06

Deal with assets received in specie rather than as cash

Estates frequently transfer assets themselves rather than proceeds, and the resulting history has an additional stage. Hypothetical example: where an inherited securities portfolio is transferred into the beneficiary's own account and later sold, the file has to show the transfer from the estate, the holding in the investor's name, and each disposal with its proceeds, rather than presenting the eventual cash as though it came directly from the estate. Obtain the transfer records from the institution, the statements showing the holding, and the contract notes for each sale. Where the assets changed in value between transfer and disposal, that movement is ordinary and simply needs to be visible. The same applies to property, a business interest or any other asset received in kind rather than converted by the executor.

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