How Immigrant Families Protect Assets With NY Trusts

If you are an immigrant parent, a green-card holder, or married to a non-citizen, you can protect your family’s assets in New York using the same trust tools available to everyone else — with a few extra steps that account for your status. New York trust law (EPTL Article 7) lets you avoid probate, reduce estate tax, and shield assets for the people you love, regardless of citizenship. The key is pairing the right New York estate plan with the right federal immigration guidance, because these are two separate areas of law. This guide walks parents and spouses through the protections that matter most, so your family stays secure no matter where each member is on their immigration journey.

Why a Trust Matters for Your Family

A trust is simply a private arrangement that holds your assets and passes them to your loved ones on your terms. For immigrant families, that privacy and control are especially valuable.

A revocable living trust lets you avoid New York’s Surrogate’s Court probate process entirely. That keeps your affairs private and spares your family a court proceeding — though it does not save estate tax. An irrevocable trust goes further: it can reduce estate tax, protect assets from creditors, and help with long-term-care planning. New York’s Medicaid program uses a 5-year look-back period, so families thinking about nursing-home costs should plan well in advance. You can learn more about that tool on our irrevocable trust page.

For a child or relative with a disability, a special needs trust under EPTL 7-1.12 can provide for them without disqualifying them from public benefits — a common concern in multi-generational immigrant households. See our special needs trust page for details.

The Non-Citizen Spouse Problem (and the QDOT Fix)

Here is the issue many married couples miss. U.S. tax law normally lets one spouse leave an unlimited amount to the other spouse tax-free — the “unlimited marital deduction.” But that deduction does NOT apply when the surviving spouse is not a U.S. citizen.

The standard solution is a QDOT (Qualified Domestic Trust). Assets pass into the QDOT for the non-citizen spouse, deferring the federal estate tax that would otherwise be due right away. This single planning step can protect a surviving spouse from a tax bill they were never expecting.

Situation	Marital Deduction?	Common Fix
Both spouses U.S. citizens	Yes, unlimited	Standard plan
Surviving spouse is a non-citizen	No	QDOT

New York also has its own estate tax. In 2026 the basic exclusion is $7,350,000, but watch the “cliff”: estates over $7,717,500 (105% of the exclusion) lose the entire exemption. Careful trust planning helps families stay on the right side of that line.

Where Immigration Law Comes In

This is where families often get confused, so let’s be clear. Estate and trust planning is governed by New York state law. Immigration is governed by federal law (USCIS). They are separate practice areas, and you generally want a specialist for each.

A few honest points:

• Foreign heirs and beneficiaries can inherit New York property. Being a non-resident or non-citizen does not bar inheritance, though it adds documentation and tax-withholding steps.
• Your essential documents — a durable power of attorney (GOL §5-1513) and a health care proxy (Public Health Law Article 29-C) — protect you regardless of status.
• Your immigration case (visas, green cards, citizenship) is a federal matter and does not change how a New York trust is drafted.

Because immigration is federal, an immigration attorney can represent families in any U.S. state, including New York clients. Our firm handles the New York estate and trust side; for the federal immigration side, we honestly refer families to a family immigration lawyer in Florida. Fitenko Law focuses on family-based immigration and green cards and serves Russian- and Ukrainian-speaking families, which can be a relief when you want guidance in your own language.

Keeping the Plan Working Over Time

A trust is not “set and forget.” When a spouse naturalizes, when a child’s status changes, or when you acquire new property, your plan should be reviewed. After a loved one passes, the trustee steps in to manage and distribute assets — our trust administration page explains what that involves. Keeping your plan current ensures the protections you built actually reach your family.

Frequently Asked Questions

Can my non-citizen spouse inherit my New York assets?
Yes. Your spouse can inherit, but the unlimited marital deduction does not apply to a non-citizen spouse. A QDOT is the standard tool to defer the federal estate tax.

Can relatives living abroad inherit my New York property?
Yes. Non-resident and non-citizen heirs can inherit. Expect some extra documentation and possible tax-withholding steps during administration.

Does my immigration status change how my trust is drafted?
No. Your trust is built under New York law. Immigration is federal and separate — but status (especially a non-citizen spouse) can affect which tools, like a QDOT, you need.

Do I need both an estate attorney and an immigration attorney?
Often, yes. Use a New York estate-planning attorney for trusts and a separate immigration attorney for federal matters. Each handles what they do best.

Take the Next Step

For the New York estate and trust side — revocable trusts, irrevocable trusts, QDOTs, and trust administration — consult Morgan Legal Group. You can schedule a conversation at calendly.com/russel-morgan/30min or start with our irrevocable trust page.

For the federal immigration side — family-based petitions and green cards — reach out to the family immigration lawyer in Florida referenced above. Getting the right specialist for each part of your plan is the surest way to keep your family protected.

This article is general information, not legal advice. New York estate planning and federal immigration are separate practice areas; consult the appropriate attorney for your situation.