If you’ve moved to California from another country, you’ve likely worked hard to build a life here. You may have family in different places, own property both in the U.S. and abroad, or face legal rules that don’t apply to everyone else. Estate planning helps make sure your wishes are honored, whether you’re thinking ahead, supporting your family, or protecting what you’ve earned.
At OC Wills & Trust Attorneys, we help individuals and families create plans that reflect their unique situations. If you’re an immigrant living in the U.S., we’re here to guide you through the process.
Why Estate Planning Matters for Immigrants
Estate planning is important for anyone who wants to make decisions about their future, but it can be especially helpful for immigrants. U.S. law treats citizenship, residency, and overseas assets differently depending on your status. Without a plan, your loved ones could face delays, higher taxes, or legal disputes.
With a proper estate plan, you can:
- Choose who will receive your property and how
- Name a guardian for your children, especially if both parents are non-citizens
- Appoint someone to handle your affairs if you’re unable to
- Reduce legal confusion for family members living outside the U.S.
We’ll help you make informed choices and explain how different options apply to your situation.
What to Consider in a Cross-Border Estate Plan
Many immigrants have personal and financial ties in more than one country. This adds layers of complexity to your estate plan, but we can help you work through them.
Here are a few common concerns:
Property in More Than One Country
Owning real estate or other assets overseas can raise questions about how those assets are passed down. Each country has its own laws regarding inheritance. You may need more than one will or a plan that takes foreign laws into account.
U.S. Estate and Gift Taxes
Non-citizens and non-resident aliens are not subject to the same estate tax exemptions as U.S. citizens. That could mean a smaller tax break or a higher tax burden without careful planning.
Naming Foreign Beneficiaries
If your heirs live in another country, transferring money or property to them might trigger reporting requirements or face delays. We’ll help you stay within the law while keeping your plan efficient.
Immigration and Legal Status
Your visa or residency status may affect how your estate is handled in probate. It can also impact who can serve as your executor or trustee. If your spouse is not a U.S. citizen, this may change how property is transferred.
We take all of these details into account when building your plan.
Tools That Can Help You Protect What Matters
Depending on your needs, your estate plan may include one or more of the following:
- Will: Outlines who will receive your assets and allows you to name guardians for children.
- Trust: Can help avoid probate, offer more privacy, and allow you to pass on property with fewer tax consequences, especially useful if you have a non-citizen spouse or overseas property.
- Power of Attorney: Lets someone you trust manage your financial affairs if you are unable to do so.
- Advance Health Care Directive: States your medical care preferences and appoints someone to speak for you in case of serious illness.
We’ll go over each option with you and help create a plan that reflects your goals.
Supporting Your Future With Legal Guidance You Can Count On
No two families are exactly alike. Your estate plan should reflect who you are, not just what you own. We’ll take time to understand your background, your concerns, and your long-term priorities. If English isn’t your first language, we’ll make sure everything is explained clearly and patiently. Our team speaks Spanish and Mandarin, and we’re committed to making every client feel understood and supported.
At OC Wills & Trust Attorneys, we’ve helped many immigrants and international families put together plans that offer peace of mind. Whether your focus is protecting your children, planning for retirement, or managing cross-border issues, we’ll help you find the right tools.
Contact Our Experienced Orange County Estate Planning Attorneys
We know it can be hard to think about the future, especially when laws feel confusing or unfamiliar. But you don’t have to do this alone. Contact OC Wills & Trust Attorneys today to schedule a consultation. We’ll help you create an estate plan that protects the people and property you care about—both here and abroad.