Family and estate planning check
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
| Document | Purpose | Learn more |
|---|---|---|
| Will | Directs 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 designation | Names a guardian of the person and of the estate for minor children (755 ILCS 5/11-5) | Wills |
| Revocable living trust | Assets transferred into the trust can avoid probate, stay private and be managed long-term for children; paired with a pour-over will | Living trusts |
| Powers of attorney for property and health care | Let people you trust handle financial and medical matters if you cannot decide for yourself (755 ILCS 45) | Living trusts (companion documents) |
| Prenuptial / postnuptial agreement | Sets 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 planning | When 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
- Noncitizen spouse: even with a green card, a spouse who is not a U.S. citizen generally cannot benefit from the unlimited marital deduction; whether and when the spouse naturalizes affects the plan. Review the details with your accountant or tax adviser.
- Assets in China: real estate, accounts and business interests in China are handled under Chinese law. A common approach is separate situs wills, with revocation clauses drafted so one does not revoke the other. We do not give opinions on Chinese law.
- I-864 and prenups: divorce does not end I-864 obligations, and most published decisions hold that a prenup clause waiving support does not end them either.
- Conditional green card and divorce: after divorce you may file Form I-751 alone with a waiver — see our I-751 timing check and How divorce affects immigration status.
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.