Wills and Trusts for Immigrants Lawyer

Use wills and trusts to control your legacy and protect your loved ones from unnecessary legal complications.

While your immigration status may change, your property rights and the needs of your family remain. Whether you are a visa holder, permanent resident, or undocumented immigrant, you can use wills and trusts to control how your property is handled if you are detained, deported, or pass away.

Without a will or trust, the state determines how your property is distributed. This process is often complicated and lengthy, which can place unnecessary strain on your loved ones. By establishing an estate plan with wills and trusts, you can ensure the smooth transition of your property to your loved ones in the event of your death. Lake Legal Services is here to help you find the right law firm for you needs. Call now to get started.

What a Will Does

A will is a legally binding document that establishes who inherits your assets when you pass away. It appoints guardians for any minor children you leave behind and sets clear instructions for how you want your personal matters and property managed. A will also ensures that the courts will respect your wishes, even if your heirs are abroad or have complex immigration status.

Any immigrant can establish a will as part of their estate plan, and it is wise to do so before an emergency arises. The following factors can affect the way your will addresses asset management and distribution:

• Your immigration status
• The immigration status of your beneficiaries
• The location of your assets
• The property transfer laws of other involved countries
• Whether you need to establish guardianship for minor children

Lake Law Group partners with immigration estate planning lawyers throughout the U.S. We can help you connect with a lawyer familiar with state, federal, and international laws that could affect your estate planning.

What a Trust Does

A trust provides a private method to manage and distribute your finances without going through the lengthy and expensive probate process. With a trust, you can protect property for your child, spouse, or other family members while minimizing legal delays and expenses. Distribution of your assets via a trust can also reduce the tax burden for beneficiaries, especially those who are non-citizens.

A trust typically consists of three parties: the grantor, the trustee, and the beneficiaries. The grantor is the person creating the trust, and the trustee is the party granted power to manage the assets in the trust. The beneficiaries are the people who receive assets from the trust.

Types of Trusts

The exact function of a trust depends on the type of trust you establish. Common types of trusts include:

• Revocable Trusts: A revocable trust, also called a revocable living trust, allows the grantor to alter or cancel the trust and control assets until they pass away. Assets in a revocable trust could be vulnerable to collection and legal actions.
• Irrevocable Trusts: An irrevocable trust retains the assets transferred and can only be changed or cancelled with permission from a trust beneficiary or court. Property and money held in an irrevocable trust is often exempt from lawsuits and creditors.
• Special Needs Trusts: A grantor may establish a special needs trust to ensure financial support for a disabled individual. With the assets in trust, the disabled beneficiary will not risk losing critical benefits.

Each type of trust has unique advantages depending on your situation. Lake Legal Services can connect you with an immigration estate planning lawyer familiar with trust requirements in your state. They can help you understand how your country of origin and legal status can affect your estate, including asset disbursement through a will or trust.

Special Considerations for Immigrant Wills and Trusts

Establishing a will or trust as part of your estate plan can be complicated, depending on your country of origin.

• Tax Obligations: Non-citizen spouses or heirs may have different tax requirements. For example, while U.S. citizens receive marital deductions for state taxes, non-citizen spouses do not receive the deduction.
• Property Abroad: Property you own abroad may require coordination between your foreign and U.S. estate plans.

• Beneficiaries or Heirs Abroad: Beneficiaries or heirs in different countries may be subject to different requirements for transferring property.
• Language Requirements: Your estate planning documents must be drafted in a language that will be understood by those involved, including the property owner, trustee, beneficiaries, heirs, and appropriate governing authorities.
• Minor Children or Dependents With Special Needs: If you are potentially at risk for deportation or detainment as an immigrant, it is wise to consider who you want to care for your minor children or dependents with special needs, whether they are located in the U.S. or another country.

Avoid complications by having an attorney familiar with both countries’ laws and requirements handle your planning. With help from a knowledgeable lawyer, you can often design a trust to handle cross-border asset management while minimizing tax exposure for your heirs and beneficiaries.

Contact Lake Legal Services to reach one of our associated immigration will and trust lawyers for a confidential consultation.

FAQs Wills and Trusts for Immigrants

We receive many questions from immigrant clients seeking legal assistance for their estate planning needs. Below we have answered some of the most common questions we hear:

Can I create a will or trust if I’m undocumented?

You can create a will or trust if you are undocumented. In fact, it is wise to establish an estate plan that includes wills or trusts if you have property or financial assets, especially if you have family members who depend on you. An immigrant wills and trusts attorney can help you understand which estate planning options are best for your situation.

What happens to my U.S. property if I’m deported or leave the country?

If you are deported or leave the country, your U.S. property will be managed by the state or federal government unless you have legal mechanisms for estate management in place. Wills and trusts can ensure your U.S. property is preserved and distributed according to your wishes, so your family members can avoid unnecessary legal and financial complications.

Will my non-citizen spouse face different tax rules?

Yes, non-citizen spouses face different tax rules than spouses who are U.S. citizens. For example, non-citizen spouses must pay gift tax if property is transferred to the non-citizen while the citizen spouse is still alive, but only if the gift exceeds a certain value.

For property transferred to a non-citizen upon the death of their U.S. citizen spouse, the non-citizen beneficiary must pay federal estate tax. Some states also have gift and estate taxes requirements for non-citizens. You may be able to mitigate these non-citizen spouse tax obligations by establishing a trust as part of your estate plan.

What if my heirs live outside the United States?

If you are transferring property outside the U.S. as a non-U.S. citizen, you may be subject to the property and transfer laws in the country where the property is located.

A U.S. will may not be recognized in another country, so you may have to create a separate will for each country where you have property you wish to transfer property. To avoid complications and ensure a smooth transfer of ownership, you should consult with a will and trust attorney familiar with transfer laws in both countries.

Can I include property I own in another country in my U.S. estate plan?

You can include the property you own in another country in your U.S. estate plan. Estate planning should incorporate all your property and assets, including those abroad. Depending on the location of your other property, you may have to create a separate will consistent with the transfer laws in the country where the property is located.

Do I need a trust if I already have a will?

You benefit from having both a will and a trust to ensure distribution of your assets consistent with your wishes. Having a trust in addition to a will can be helpful if you have children, a large estate, or complex tax obligations. An estate planning lawyer can help you determine which documents are best for your specific situation.

How Lake Legal Services Can Help

Lake Legal Services has relationships with immigration estate planning firms throughout the U.S. We can connect you with attorneys who provide tailored planning services for immigrants and families with international ties.

Our associated lawyers offer multilingual services, so you can clearly understand your legal options and obligations. They have extensive experience helping with cross-border concerns, including property abroad, non-citizen heirs, and international tax planning.

When you work with our associated attorneys, you can expect confidential, compassionate guidance from legal professionals who understand your situation.

Protect Your Legacy Today

Plan for the future with confidence with the help of Lake Legal Services. Contact us for a confidential consultation about creating a will or trust that works with your immigration status and fits with your family’s needs.