An expected inheritance alone is not an investment already committed to the United States enterprise. Identify what you lawfully possess and control, what has actually been committed, and any conditions on release. E-2 can cover an investor actively in the process of investing, but a future distribution expectation does not substitute for evidence of a substantial, at-risk commitment.
Split the case into funded and future stages
Describe the enterprise you can fund with money already in hand, and treat the balance of the inheritance as planned expansion supported by the estate documents. That keeps the at-risk analysis honest and lets the non-marginality discussion rest on realistic capacity rather than the estate's eventual total. If the executor's timetable is short, waiting for distribution may produce a stronger record than filing early.
Not automatically; assess the actual present or qualifying future capacity under the nonmarginality framework. At the chosen application stage, the evidence must show treaty nationality, qualifying enterprise ownership, development and direction, capital committed beyond recall and exposed to loss, plus a real non-marginal operation. Treaty nationality and the investor’s ability to develop and direct through 50 percent ownership or operational control remain independent tests.
Flag any expense that sits outside the headline purchase price, and distinguish estimates from payments already made.