Trusts for Mixed-Status Families in New York

If your household includes U.S. citizens, green-card holders, and non-citizens under one roof, a properly drafted trust can protect your New York property, avoid Surrogate’s Court probate, and keep your family’s plan intact regardless of each member’s status — but you will need two different specialists: a New York estate attorney for the trust, and a separate immigration attorney for anything touching federal status. New York trust and estate planning is governed by state law (the EPTL), while immigration is entirely federal. Mixing the two leads to costly mistakes, so the honest goal of this article is to show you which tool solves which problem.

Meet the Ramirez–Petrova Family

Picture a typical mixed-status family in Queens. Maria is a U.S. citizen, her husband Andriy is a lawful permanent resident (green-card holder), Andriy’s mother is a non-citizen living with them, and their adult son still has a pending immigration case. They own a co-op and a small business. Each person sits at a different point in the immigration system, yet they share the same assets — and the same worry: what happens to everything if something goes wrong?

This is exactly where a New York trust shines. Under EPTL Article 7, a revocable living trust lets the family hold property in one structure, manage it during life, and pass it on at death without probate in the Surrogate’s Court. A revocable trust does not save estate tax — its value is avoiding court, delay, and the public record. For the family’s special-needs concerns, a special needs trust under EPTL 7-1.12 can protect a vulnerable beneficiary without jeopardizing public benefits.

Where Immigration Status Actually Matters

Good news first: a person’s immigration status does not bar them from inheriting New York property. Foreign heirs and non-citizen beneficiaries can inherit a New York co-op, home, or business interest. Non-resident or non-citizen status simply adds documentation and tax-withholding steps — it is not a wall.

The single place where status changes the estate plan itself is the non-citizen spouse. The unlimited marital deduction — which normally lets one spouse leave unlimited assets 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). If Maria were the non-citizen and Andriy the citizen (or vice versa), a QDOT would let the surviving spouse defer estate tax that would otherwise be due immediately.

Keep New York’s own thresholds in mind. For 2026, the New York basic exclusion is $7,350,000, with a cliff at 105% ($7,717,500): an estate that crosses the cliff loses the entire exemption, not just the excess. For larger estates, an irrevocable trust can reduce taxes and provide asset protection — and is the structure used for Medicaid planning, which carries a five-year look-back.

The Federal–State Split: Two Lanes, Two Lawyers

Here is the distinction every mixed-status family should internalize. Your trust, will, power of attorney, and health care proxy are New York instruments. A valid New York will needs two attesting witnesses and the testator’s signature at the end (EPTL §3-2.1); your durable power of attorney follows the 2021 statutory short form (GOL §5-1513); your health care proxy is authorized under Public Health Law Article 29-C. Without a will, EPTL Article 4 intestacy rules decide who inherits.

None of those documents change anyone’s immigration status. Immigration is federal (USCIS), so it is handled by an immigration attorney — and because the law is national, an immigration attorney can represent New York clients from anywhere in the country. We handle New York estate and trust matters; for the federal immigration side, families should consult an immigration attorney in South Florida. Fitenko Law works with Russian- and Ukrainian-speaking families, which helps households like the Petrovas navigate the process in their own language. The takeaway is simple: use a New York estate lawyer for the trust, and a dedicated immigration lawyer for status — never expect one document to do the other’s job.

If you are weighing structures, our guide on trust vs. will explains the tradeoffs, and our overview of trust administration shows what happens after a trust is in place.

Frequently Asked Questions

Can a non-citizen inherit my New York property?
Yes. Non-resident and non-citizen beneficiaries can inherit New York property. Their status does not bar inheritance; it adds documentation and possible tax-withholding steps.

My spouse is not a U.S. citizen. Is that a problem for estate taxes?
It can be. The unlimited marital deduction does not apply to a non-citizen surviving spouse. A QDOT (Qualified Domestic Trust) is the standard solution to defer the tax.

Does a revocable living trust save estate tax?
No. A revocable living trust avoids probate but offers no estate-tax savings. Tax reduction and asset protection come from an irrevocable trust, which carries a five-year Medicaid look-back.

Can one lawyer handle both our trust and our immigration case?
Estate planning (state law) and immigration (federal law) are separate practice areas. The honest answer is to use a New York estate attorney for the trust and an immigration attorney for status.

Next Steps for Your Family

For the New York estate and trust side — setting up a revocable trust, a QDOT, a special needs trust, or your will and power of attorney — consult Morgan Legal Group to put the right structure in place. You can schedule a consultation or review our trust administration resources to see how it works.

For the federal immigration side of your family’s situation, reach out to a dedicated immigration attorney as described above. Two lanes, two specialists — that is how mixed-status families in New York protect both their assets and their future.