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  • By: Eloy Aguirre, Esq.
Estate Planning For Mix-Status Families In California - The Law Office Of Eloy Aguirre

In this article, you will discover:

  • The definition of mixed status under California law.
  • Whether an undocumented family member can legally inherit in California.
  • Whether an undocumented individual can devise property to an heir or beneficiary.

What Is Considered A Mixed-Status Family Under California Estate Planning And Immigration Law?

Mixed status typically means that one or more people in a family are undocumented, while others are either US residents or citizens.

Mixed status could also mean that some family members have temporary status, such as parole, temporary protected status, or a non-immigrant visa.

Can Undocumented Family Members Legally Inherit Property In California?

There’s no restriction on undocumented family members inheriting property. However, there may be tax implications associated with the transaction.

If I Am Undocumented, Can I Legally Leave Property Behind?

If you’re undocumented and have property, you can devise it or give it away to anyone you want, so long as your plans don’t violate the Probate Code or California Law.

How Can A Trust Help Protect Assets For Undocumented Or Non-Citizen Family Members?

A trust is helpful because you typically avoid probate, which is expensive and time-consuming. Also, with a trust, you can keep a lot more of your assets and ensure they go to the people you choose.

Can Estate Planning Help Protect My Spouse Or Child’s Immigration Situation?

Estate planning is more about ensuring that a spouse or a child is taken care of financially if you are undocumented and pass away. Typically, it doesn’t have any relevance to applying for affirmative immigration relief.

Why Should Mixed-Status Families Create An Estate Plan As Early As Possible?

It’s essential to start estate planning early, especially if you have minor children. You want your wishes committed to paper to avoid any unexpected situation where you pass away without proper documentation of your wishes regarding your child.

Early estate planning is also essential because of increased immigration enforcement. Even if you don’t pass away, you could be suddenly and unexpectedly removed from the country. In that case, it’s vital to have an estate plan to ensure your assets are protected and your family is cared for.

Still Have Questions? Ready To Get Started?

For more information on estate planning for mixed-status families in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4057 today.

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