Estate planning is important for all adults residing in the U.S., regardless of immigration status. For undocumented individuals in California, the effort of creating a comprehensive estate plan can help to protect their assets, help to safeguard their family’s well-being and help to ensure that their wishes are upheld in the event that they are injured, ill or otherwise can no longer advocate for themselves.
The foundation of most estate plans is a will. If you have yet to craft an estate plan, know that a will allows you to specify how your assets will be distributed after your death. For undocumented individuals, having a will is often particularly important because this document can help to better ensure that assets are not distributed according to California’s default laws. If you’re undocumented and you die without a will in place, your estate could be divided in ways that might not support your family as intended.
Other important documents and considerations
For undocumented parents, establishing guardianship for minor children is a top priority. If you are detained or deported, or in the event of your death, having legal documents that designate a trusted guardian can prevent your children from being placed in foster care. This can provide stability for your children and help to ensure that they are cared for by someone you trust. It’s advisable to choose a guardian who has legal status in the U.S. to avoid complications.
Additionally, designating an agent for financial and healthcare decisions is important too. A financial power of attorney allows someone you trust to manage your finances, while a healthcare power of attorney enables someone to make medical decisions on your behalf if you cannot. These documents will only come into play if you are incapacitated for health reasons, or you are suddenly unable to manage financial and practical concerns in the U.S. because of immigration issues or other issues that prevent you from making your own decisions.
Estate planning is not always an easy or emotionally comfortable process. However, the potential benefits you and your loved ones could derive from the process make it well worth your effort. We are here to help you.