How Immigrant Families Protect Assets With NY Trusts

If you are an immigrant parent, a green-card holder, or a spouse who is not yet a U.S. citizen, you can absolutely protect your family’s assets with a New York trust — and your immigration status does not take that right away from you. Trusts created under New York’s Estates, Powers and Trusts Law (EPTL Article 7) let you pass on a home, savings, or a family business while avoiding the delay of probate, planning for a child with special needs, and, in some cases, reducing estate tax. The honest catch is this: your estate plan is governed by New York state law, while your immigration case is governed by federal law. They are two separate worlds, and the families who do best treat them that way — using the right specialist for each.

Why a Trust Brings Peace of Mind to Immigrant Families

A trust is simply a private legal arrangement that holds your property for the people you love. For families with roots in more than one country, it offers something deeply reassuring: control and privacy without a public court process.

• A revocable living trust lets you keep full control during your lifetime and avoids probate when you pass. It does not save estate tax, but it spares your spouse and children the New York Surrogate’s Court process.
• An irrevocable trust is the tool for tax reduction, asset protection, and Medicaid planning. New York’s Medicaid program applies a 5-year look-back, so timing matters if long-term care is a concern.
• A special needs trust (EPTL 7-1.12) protects a disabled child’s inheritance without disqualifying them from public benefits — a common worry for multigenerational immigrant households.

Most New York families also pair a trust with a durable power of attorney (GOL §5-1513, the 2021 statutory short form) and a health care proxy (Public Health Law Article 29-C), so a trusted relative can step in if you cannot speak for yourself.

The Non-Citizen Spouse Question — and the QDOT Fix

This is the single most important point for mixed-status couples. When a U.S. citizen dies, assets passing to a U.S. citizen spouse usually qualify for the unlimited marital deduction — no immediate estate tax. 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). Property passes into the QDOT for the non-citizen spouse’s benefit, which preserves the tax deferral the family would otherwise lose. If you are a couple where one spouse holds a green card or a visa rather than citizenship, this is a conversation to have before a crisis, not after.

Keep New York’s own estate tax in mind, too. For 2026, the basic exclusion is $7,350,000. New York has a “cliff”: once an estate exceeds 105% of the exclusion ($7,717,500), it loses the entire exemption — not just the excess. Careful trust planning can keep a family under that cliff.

Can Foreign Heirs Inherit New York Property?

Yes. A common fear is that relatives living abroad, or beneficiaries who are not U.S. citizens, cannot inherit. That is not true. Foreign and non-resident heirs can inherit New York property. Non-citizen status does not bar an inheritance — it simply adds documentation and tax-withholding steps that an estate attorney can guide you through.

Situation	What applies in New York
No will	Intestacy rules under EPTL Article 4 decide who inherits
Valid will	Must meet EPTL §3-2.1 (two witnesses, testator signs at the end)
Probate	Filed in the NY Surrogate’s Court
Foreign / non-citizen heir	May inherit; extra documentation and withholding steps apply

Once a trust is in place, ongoing trust administration keeps everything running smoothly for your beneficiaries, wherever they live.

Where Immigration Help Fits In

Here is the line we always draw clearly. Immigration is federal law, handled through USCIS, so an immigration attorney can represent a family in any U.S. state — including New York clients. Estate planning is state law. Because these are different practice areas, the most honest advice we can give is to use a specialist for each side.

This firm handles New York estate and trust matters. For the federal immigration side of your family’s plan — petitions, status, and related questions — we suggest working with an experienced immigration lawyer in Florida. Fitenko Law serves families nationwide and is a strong fit for Russian- and Ukrainian-speaking families who want counsel in their own language. We will not predict approvals or quote government timelines here, because that is exactly the kind of guidance an immigration attorney should provide directly.

Frequently Asked Questions

Can I create a New York trust if I am not a U.S. citizen?
Yes. Your immigration status does not prevent you from creating or being the beneficiary of a New York trust under EPTL Article 7.

My spouse has a green card, not citizenship. Should we worry about estate tax?
You should plan for it. The unlimited marital deduction does not apply to a non-citizen spouse, but a QDOT (Qualified Domestic Trust) is the standard way to preserve that benefit.

Will a revocable living trust lower my taxes?
No. A revocable living trust avoids probate but offers no estate-tax savings. For tax reduction or asset protection, an irrevocable trust is the right tool, subject to the 5-year Medicaid look-back.

Can my relatives overseas inherit my New York home?
Yes. Foreign and non-citizen heirs can inherit New York property; non-resident status adds documentation and tax-withholding steps but does not bar the inheritance.

Your Next Step

Protecting your family does not have to feel overwhelming. For the New York estate and trust side, the team at Morgan Legal Group can help you choose between a revocable living trust and an irrevocable one and put the right protections in place — you can book a consultation whenever you are ready. And for the federal immigration questions that often sit alongside a family’s estate plan, reach out to the experienced immigration counsel mentioned above. Two specialists, one peace of mind.