Attorney speaks English, Chinese & French | Chicago office (312) 519-1115
Home › Immigration tools › Family & estate planning check

Family and estate planning check

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Estate planning for immigrant families often involves state law, federal tax law and immigration status all at once: whether a spouse is a U.S. citizen affects estate tax; families with minor children need to name guardians; assets in China call for coordinated documents in both countries; and if you signed an I-864 Affidavit of Support, divorce does not end that obligation.

Answer the questions below and the tool will list documents and issues worth considering, with links to our detailed guides. It is a starting checklist — which documents to use and how to draft them depends on your family and should be decided with an attorney. Everything runs in your browser; nothing is uploaded.

What the common documents do

DocumentPurposeLearn more
WillDirects how your estate is distributed and names an executor; can name guardians for minor children. Illinois requires a writing signed by the testator and attested by two or more witnesses (755 ILCS 5/4-3)Wills
Guardian designationNames a guardian of the person and of the estate for minor children (755 ILCS 5/11-5)Wills
Revocable living trustAssets transferred into the trust can avoid probate, stay private and be managed long-term for children; paired with a pour-over willLiving trusts
Powers of attorney for property and health careLet people you trust handle financial and medical matters if you cannot decide for yourself (755 ILCS 45)Living trusts (companion documents)
Prenuptial / postnuptial agreementSets ownership of premarital property, marital income, real estate and business interests; Illinois follows the Uniform Premarital Agreement Act (750 ILCS 10)Prenuptial agreements
QDOT and other tax planningWhen a spouse is not a U.S. citizen, the unlimited marital deduction generally does not apply without a qualified domestic trust (IRC 2056(d), 2056A)Cross-border estate planning

Points immigrant families should watch

Scope of our services

Family and estate matters are governed by state law. Our attorney is licensed in Illinois, New York and Massachusetts, and our family law and estate planning services cover only those three states’ laws. If you live, or own real estate, in another state, the state-law parts need a local attorney; matters involving China or other countries require coordination with local counsel; and on tax we explain principles only — work out the details with your accountant or tax adviser.

Common questions

I do not have much property. Do I still need a will?

Without a will, property passes under the state’s intestacy order, which may not match your wishes — in Illinois, for example, a spouse receives only half when there are also children. For families with minor children, a will is also the most direct way to name a guardian.

If I have a trust, do I still need a will?

Yes. A pour-over will usually collects any assets not transferred into the trust and names guardians for minor children. Assets passing through the pour-over will still go through probate.

I hold a green card or a visa. Can I make a will in the U.S.?

Yes. Making a will does not depend on immigration status — only age, capacity and formalities. But status affects estate tax; for example, the marital deduction is limited when a spouse is not a U.S. citizen.

I live in California. Can you prepare my will?

Our family and estate services cover only Illinois, New York and Massachusetts law. If you live elsewhere, the state-law work needs a local attorney; we can still advise separately on the immigration side.

Related reading

Getting married, starting a family, or planning for your loved ones? Book an attorney review or call (312) 519-1115. We will first confirm which state’s law governs and whether immigration status or overseas assets are involved, then explain the arrangements available.

This page is general information, not legal advice. Family and estate matters are governed by state law, the rules differ from state to state, and outcomes depend on the specific facts. Our firm advises on Illinois, New York and Massachusetts law; matters involving other countries require coordination with local counsel.