Whether you’re undocumented, a green card holder, or on a visa, we help you plan for your family’s future.
Your life can change unexpectedly due to many circumstances. Whether you are facing deportation, detention, visa issues and complications, or an unexpected death, a clear plan is crucial for protecting your loved ones. An immigration estate planning attorney associated with Lake Legal Services can help you create a legal plan to protect you and your loved ones.
An estate plan can help your family avoid unnecessary complications during already difficult times. There are many advantages to establishing an estate plan, no matter what your immigration status is.
If you are detained or removed from the U.S., you may still legally own property and financial assets in the country. Without a plan, your family may struggle to access bank accounts, manage bills, sell property, or handle other business and legal matters on your behalf. An estate plan establishes how your assets will be managed in your absence so your family still has access to the resources they need.
If you pass away before you have an estate plan in place, your assets may be forced to go through probate. The probate process takes time and often results in unexpected expenses and uncertainty about asset disbursement. Your inheritance may not be distributed as you wish, especially if state, local, and country laws are inconsistent. Depending on your country of citizenship and that of your beneficiaries, your estate may face special tax rules, transfer challenges, and other complexities.
If you are a parent, your children’s care and safety are understandably one of your primary concerns. You want to be sure that your children receive care from trusted individuals, and an estate plan can help with this process. With an estate plan, you can name temporary or permanent guardians in advance with clearly documented and legally recognized intent. You can tailor the care plan for your children to address different situations, so your wishes are honored whether you are detained, deported, or if you pass away.
Estate planning uses legal and financial tools, such as power of attorney, wills, and trusts to ensure your property passes smoothly to your beneficiaries. They also protect your loved ones and ensure your wishes are honored regardless of your immigration status.
An estate plan contains legal documents that explain how you want your assets managed or distributed if you become incapacitated or pass away. Depending on your situation, it may include the following components:
Will: Your will specifies who should inherit your assets when you pass away and lets you name guardians for your minor children. It may include instructions for your funeral and other personal wishes, such as the distribution of personal belongings.
Trust: A trust holds your assets so they can be managed and distributed privately per your instructions. Placing your assets in trust allows your family to avoid the time and expense of probate proceedings. A trust can hold your property or funds for your children or loved ones, even across borders.
Living Care Directive: If you become incapacitated or unable to communicate, a living care directive appoints someone to make healthcare decisions on your behalf. It documents your medical care preferences so doctors and family will understand and follow your wishes when it comes to care, treatment, resuscitation, and other healthcare decisions.
Special Needs Trust: If you are a parent or caretaker for someone with special needs, you can establish a special needs trust to ensure they receive structured, legally protected care. In a special needs trust, you name a trustee to manage and distribute funds for the disabled person’s care according to your instructions, protecting their resources, safety, and health in the event of your absence.
Through a power of attorney form, you appoint someone to handle certain financial or legal matters if you are detained, deported, or deceased. Power of attorney (POA) can be targeted to address specific matters or situations. Common types of POAs include:
These are only a few of the powers of attorney. The type of POA you need for your estate plan will vary based on your specific needs and state laws. An estate planning attorney familiar with immigration laws in your area can help you understand which options are best for you.
If you have children, you can formally name caregivers for them without unnecessary confusion or delay if you or your partner are deported, detained, or deceased. A guardianship designation ensures that your children are cared for by trusted individuals in your absence.
An immigration estate planning lawyer can help you determine whether a temporary or permanent designation is appropriate and ensure you have sufficient documentation for every contingency, including triggering events, child transportation to the new location, and financial support in an established trust.
Your status as an immigrant does not prevent you from establishing an estate plan – you don’t have to be a citizen. A lawyer can work with any immigrant with assets that need protection, including the following.
Undocumented people residing in the U.S. have a right to dictate how their assets are managed and disbursed, regardless of immigration status. An estate plan creates a framework for handling property disbursement, asset management, healthcare, childcare, and other critical legal and financial functions if the undocumented person is detained, deported, or passes away.
Permanent residents of the U.S., also known as Green Card holders, are legally residing in the U.S. Although permanent residents typically have protection against detention and deportation, it is always best to prepare for any scenario. An attorney with experience helping immigrants can ensure Green Card holders have the appropriate documentation to protect their assets and support their loved ones in case something unexpected happens.
Visitors and immigrants in the United States can obtain visas for a wide variety of reasons, from tourism to study, work, and marriage. Applicants must meet stringent requirements to secure and maintain a visa. Visas fall under two categories: immigrant and nonimmigrant.
Those on nonimmigrant visas are people who intend to be in the U.S. temporarily for a specific reason. For example, you might get a nonimmigrant visa to work in a specific field, attend a student exchange program, or study at a university.
Immigrant visas are for those who intend to remain in the U.S. permanently. People who are married to a U.S. citizen or engaged to marry a U.S. citizen typically obtain immigrant visas when they want to relocate or remain in the U.S. with their partner. These are only a few examples – there are many types of visas for different situations.
Whether you have an immigrant or nonimmigrant visa, an estate plan can ensure that your assets and loved ones are protected if your visa is revoked, expires, or you pass away.
Deferred Action for Childhood Arrivals (DACA) is a government program that delays removal actions for immigrants who arrived before their 16th birthday. Eligible parties must submit a DACA application to receive employment authorization, but they do not necessarily receive a green card or permanent resident status.
While you undergo the DACA process and explore other options for residency, you benefit from protecting yourself and your loved ones with an estate plan. DACA relief must be renewed every two years, so residence is not guaranteed. An estate plan ensures appropriate asset management even when you are not present in the country.
Nationals from certain countries designated by the Secretary of Homeland Security may receive temporary protected status (TPS) that allows them to stay in the U.S. This status is typically reserved for refutes fleeing armed conflicts, environmental disasters, or other extraordinary conditions. TPS is meant to be temporary, but those granted TPS can pursue nonimmigrant visas, immigrant visas, or other immigration benefits.
If you secure property or start a family while in the U.S. under TPS, an estate plan is crucial for ensuring that your property, financial assets, and family are protected if you are deported, detained, or deceased.
Asylum seekers are those who flee to the U.S. to escape persecution due to race, nationality, religion, social group, or political opinions. To apply for asylum, you must be physically in the U.S. You may include your children and spouse if they are also physically present in the U.S.
Asylum status can be difficult and time-consuming to secure and maintain. If you establish a home and financial security while you wait, you want to protect your property and your family’s safety with an estate plan that ensures proper property distribution and handling.
When you are trying to make the right plans for you and your loved ones, an attorney familiar with immigration laws and estate planning is an indispensable resource. Lake Legal Services partners with lawyers across the country who are ready to guide you through the complex legal process of estate planning.
During challenging times, planning ahead can help you and your loved ones avoid unnecessary complications. Don’t wait for a crisis – schedule a confidential consultation with an estate planning attorney as soon as possible. Contact Lake Legal Services to connect with a lawyer today.
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