Wills for Mixed-Status Families in New York

If your family includes a U.S. citizen, a green-card holder, and a non-citizen all under one roof, take a breath: you can absolutely make a valid New York will, and your loved ones can inherit your property regardless of their immigration status. New York will law does not ask whether your spouse, children, or beneficiaries are citizens. What changes for mixed-status families is not whether you can plan, but how you plan — especially around taxes for a non-citizen spouse and the line between state estate law and federal immigration law. This guide walks you through both, gently and clearly, so you can protect the people you love.

Your Will Is Valid No Matter Who’s a Citizen

A New York will follows the same rules for everyone. Under EPTL §3-2.1, your will must be signed by you at the end, in the presence of two attesting witnesses, and you must declare to those witnesses that the document is your will (publication). Your citizenship — and theirs — has nothing to do with it. If you pass away without a will, New York’s intestacy rules under EPTL Article 4 decide who inherits, which may not match your wishes for a blended family.

For the nuts and bolts of signing your will correctly, see our pages on New York will requirements and will execution. If your family situation changes — a new marriage, a child, an immigration milestone — you can update your plan with a codicil or amendment rather than starting over.

The reassuring bottom line: foreign and non-citizen heirs can inherit New York property. Non-resident or non-citizen status does not bar inheritance. It simply adds some documentation and tax-withholding steps that your estate attorney can handle.

The One Tax Trap: A Non-Citizen Spouse

Here is the single most important planning point for mixed-status couples. When one spouse is a U.S. citizen, an estate can usually pass to the surviving spouse free of federal estate tax under the unlimited marital deduction. That deduction does not apply when the surviving spouse is not a U.S. citizen.

The standard fix is a QDOT — a Qualified Domestic Trust. Property left to a non-citizen spouse passes into the QDOT, which preserves the tax deferral the marital deduction would normally provide. It is a well-established tool, and for many families it is the difference between a smooth transfer and an unexpected tax bill.

Keep New York’s own estate tax in mind too. For 2026, the basic exclusion is $7,350,000, with a “cliff” at 105% — $7,717,500. An estate that goes over the cliff loses the entire exemption, not just the excess. Careful planning matters when your estate is anywhere near these numbers.

Situation	New York Will Tool
Avoid probate	Revocable living trust (EPTL Article 7; no estate-tax savings)
Reduce tax / protect assets / Medicaid (5-year look-back)	Irrevocable trust
Provide for a disabled loved one	Special needs trust (EPTL 7-1.12)
Provide for a non-citizen spouse	QDOT

Two Different Laws, Two Different Specialists

This is where many families get understandably confused. Estate planning is governed by New York state law. Immigration is governed by federal law (USCIS). They are separate practice areas, and the honest answer is that each deserves its own specialist.

Your will, your trusts, your power of attorney (durable, under GOL §5-1513, using the 2021 statutory short form), and your health care proxy (Public Health Law Article 29-C) are all New York matters. Probate, when the time comes, is filed in the New York Surrogate’s Court. That is the work we do at Morgan Legal Group.

Your family’s green cards, petitions, and citizenship process are federal. Because immigration is federal, an immigration attorney can represent your family no matter which state you live in. For that side of your family’s journey — including petitioning for relatives — we honestly recommend you consult an attorney who handles family-based green cards. Fitenko Law works with family-based immigration and serves Russian- and Ukrainian-speaking families, which many New York households find especially reassuring. We don’t practice immigration law, and you deserve someone who does it every day.

A good estate plan and a good immigration plan work hand in hand. Sorting out a spouse’s status can affect QDOT planning; naming guardians for children is a will matter regardless of anyone’s status. Use the right professional for each, and the pieces fit together.

Frequently Asked Questions

Can my non-citizen spouse inherit my New York property?
Yes. Your spouse can inherit regardless of citizenship. The main concern is the estate tax, which is why a QDOT is often used for a non-citizen surviving spouse.

Can relatives living abroad be named in my will?
Yes. Foreign and non-resident heirs can inherit New York property. There may be extra documentation and tax-withholding steps, but their status does not bar them from inheriting.

Do I need both an estate attorney and an immigration attorney?
Often, yes. They handle different bodies of law — New York state versus federal. Each protects a different part of your family’s future.

My immigration case is still pending. Should I wait to make a will?
No. A valid New York will protects your family today, no matter where any immigration case stands. You can always update it later with a codicil.

Take the Next Step for Your Family

You don’t have to navigate this alone, and you don’t have to wait for any status to be settled before protecting your loved ones.

• For your New York will, trusts, and estate plan, talk with Morgan Legal Group. Start with our will execution guide or schedule a conversation at calendly.com/russel-morgan/30min.
• For your family’s immigration and green-card needs, consult an immigration specialist as described above.

Two laws, two specialists, one family well protected. That’s the goal — and it’s well within reach.