Estate Planning in New York City for Immigrant and Cross-Border Families

Building a life across borders is hard enough. Protecting it should not be harder. Our practice focuses on estate planning for immigrant and cross-border families who call New York City home, whether you arrived in Queens a decade ago, split your year between Manhattan and abroad, or hold assets in more than one country. New York law governs the documents you sign here, and getting them right under that law is the foundation of any plan that has to work across an ocean.

Why Cross-Border Families Need a New York Plan

Families with ties to two countries face questions a generic plan ignores. Who inherits if you die without a will while your parents and siblings remain abroad? How do you name a guardian for U.S.-citizen children when the relatives you trust most live in another country? What happens to a foreign bank account, a family apartment in your home city, or property you co-own with siblings overseas? A New York plan cannot rewrite the laws of another nation, but it can clearly direct your New York and U.S. assets and reduce the confusion that grief, distance, and language barriers create.

The Core Documents

Most families we serve need a coordinated set of documents, each governed by specific New York statutes:

• A will under EPTL 3-2.1, which requires two attesting witnesses, your signature at the end, and publication that the document is your will.
• A revocable living trust under EPTL Article 7, used to keep assets out of probate, especially helpful when heirs live abroad.
• A durable power of attorney using New York’s 2021 statutory short form under GOL 5-1513.
• A health care proxy and living will under Public Health Law Article 29-C, so someone you trust can speak for you.

Language, Documents, and Mixed-Status Families

Many of our clients hold green cards, work visas, or U.S. citizenship while loved ones hold different statuses. We plan around that reality. We explain documents in plain terms, coordinate with translators when needed, and structure plans so that a non-citizen spouse, an undocumented relative, or a child abroad is accounted for rather than overlooked. We also flag the New York estate tax, which for 2026 has a basic exclusion of $7,350,000 and a sharp “cliff” that taxes the entire estate once it exceeds 105% of that amount, or $7,717,500.

Avoiding Probate Across Distance

When someone dies owning New York assets, those assets often pass through the Surrogate’s Court under the SCPA. Probate is slower and more expensive when heirs or witnesses live overseas and must mail documents, obtain apostilles, or appear from afar. Tools like revocable trusts and properly titled accounts can let your family avoid much of that burden.

Talk to a New York Attorney

This site is general information, not legal advice for your situation. Cross-border estate planning depends on your immigration status, your family, and the countries involved, so you should consult a licensed New York attorney before signing anything. We welcome the chance to listen to your story and help you build a plan that holds up here and travels well across borders.