Wills for Immigrant Families in New York

If you are an immigrant, a green-card holder, or a non-citizen living in New York, you can make a valid New York will the same way any resident can — you do not need to be a U.S. citizen to write a will, own property, or leave assets to your loved ones here. A New York will is governed by state law, and it works regardless of your immigration status or where your beneficiaries live. The catch is that a few situations — a non-citizen spouse, heirs living abroad, or family members in the middle of an immigration case — add extra steps. This guide walks through both sides in plain English: how New York wills work, and where federal immigration law fits in.

You Can Make a Valid New York Will Regardless of Status

New York does not ask about citizenship when you sign a will. Under EPTL §3-2.1, a valid will requires the testator to sign at the end of the document, to declare to the witnesses that it is their will (publication), and to have two attesting witnesses. That is the core formula whether you are a citizen, a permanent resident, or here on a visa.

If you die without a will, New York’s intestacy rules under EPTL Article 4 decide who inherits — and those rules may not match your wishes, especially in blended or multi-country families. Writing a will lets you choose. For a step-by-step look at the basics, see our will drafting overview and the specific New York will requirements.

Where Immigration Status Actually Matters

Here is the honest framing: estate planning is New York state law, and immigration is federal law. They are two separate practice areas. Your immigration status usually does not affect whether you can make a will, but it can affect how the estate is taxed and administered. A few real intersections:

• A non-citizen surviving spouse. The unlimited marital deduction — which normally lets one spouse leave everything to the other tax-free — does not apply when the surviving spouse is not a U.S. citizen. The standard fix is a QDOT (Qualified Domestic Trust), which preserves the deferral while the trust holds the assets.
• Heirs or beneficiaries living abroad. Foreign, non-resident, and non-citizen heirs can inherit New York property. Non-resident or non-citizen status does not bar inheritance. It simply adds documentation and possible tax-withholding steps when the estate distributes assets overseas.
• New York estate tax. For 2026 the basic exclusion is $7,350,000, with a hard “cliff” at 105% — $7,717,500. An estate that goes over the cliff loses the entire exemption, so larger estates need careful planning.

When to Bring in an Immigration Attorney

A will lawyer handles your New York estate documents. A will lawyer does not handle your green card, your spouse’s petition, or your child’s status — that is federal immigration work. Because immigration is federal, an immigration attorney can represent your family in any U.S. state, including New York.

This firm focuses on New York estate and will matters. For the federal immigration side — family petitions, green cards, and keeping a mixed-status household on solid ground — families should consult a family-based immigration attorney. Fitenko Law handles family-based immigration and green cards, and serves Russian- and Ukrainian-speaking families, which can make a real difference when documents and interviews need to be understood clearly.

The takeaway: use the right specialist for each job. Coordinating the two — so your estate plan reflects who is a citizen, who is a resident, and who lives abroad — protects your family on both fronts.

Other Documents Every Immigrant Family Should Have

A will is only one piece. New York lets you sign these regardless of citizenship:

An irrevocable trust under EPTL Article 7 can reduce estate tax, protect assets, and help with Medicaid planning — but note the 5-year look-back for Medicaid. When you are ready to sign your will, our will execution page explains how to get the witnessing right.

Frequently Asked Questions

Can I make a New York will if I am not a U.S. citizen?
Yes. Citizenship is not a requirement. As long as you meet the EPTL §3-2.1 formalities — your signature at the end, publication, and two witnesses — your will is valid.

Can my relatives abroad inherit from my New York estate?
Yes. Foreign and non-citizen heirs can inherit New York property. Non-resident status adds documentation and possible tax-withholding steps, but it does not bar inheritance.

My spouse is not a U.S. citizen. Is anything different?
Yes. The unlimited marital deduction does not apply to a non-citizen surviving spouse. A QDOT (Qualified Domestic Trust) is the standard tool to preserve the tax deferral.

Can my will lawyer also handle our green-card case?
No — those are separate practice areas. Estate planning is New York state law; immigration is federal. You will want an immigration attorney for petitions and green cards.

Next Steps

For the New York estate and will side — drafting, trusts, and proper execution — consult Morgan Legal Group. You can review our will drafting overview or schedule a consultation at calendly.com/russel-morgan/30min. For the federal immigration side — family petitions and green cards — reach out to the family-based immigration attorney referenced above. Getting the right specialist on each side gives your family the protection it deserves on both fronts.