Yes — non-citizens, green-card holders, and immigrant families in New York can sign a power of attorney, create a will, and build a full estate plan, and your immigration status does not stop you. New York estate law (a matter of state law) and U.S. immigration law (a matter of federal law) are two separate systems. This post answers, in plain question-and-answer form, the worries we hear most from immigrant and mixed-status families across New York.
Can I sign a power of attorney if I am not a U.S. citizen?
Absolutely. New York’s durable power of attorney is governed by General Obligations Law §5-1513, which sets out the 2021 statutory short form. Nothing in that statute requires citizenship. What matters is that you are an adult of sound mind who signs voluntarily. The document lets a person you trust (your “agent”) handle finances, property, and legal matters if you cannot.
A few options to understand:
- A durable power of attorney stays in effect even if you become incapacitated.
- The statutory short form power of attorney is the standard New York form most banks and institutions recognize.
- A springing power of attorney only takes effect when a triggering event (usually incapacity) occurs.
For medical decisions, a separate document — the health care proxy under Public Health Law Article 29-C — lets your agent make health care choices for you.
How does my immigration status affect my estate plan?
For who can sign and who can inherit, status rarely matters. For taxes, it can matter a great deal. The most important issue is the non-citizen surviving spouse.
The unlimited marital deduction — which normally lets one spouse leave assets to the other tax-free — does not apply when the surviving spouse is not a U.S. citizen. The standard fix is a Qualified Domestic Trust (QDOT), which preserves the deferral while meeting the rules for non-citizen spouses. If your spouse is a green-card holder or visa holder, this is a conversation to have early.
| Concern | Does status affect it? |
|---|---|
| Signing a power of attorney | No |
| Signing a valid will (EPTL §3-2.1) | No |
| Inheriting New York property | No — foreign heirs may inherit |
| Marital deduction for surviving spouse | Yes — QDOT often needed |
Can my family abroad inherit my New York property?
Yes. Probate is filed in the New York Surrogate’s Court, and foreign or non-resident heirs and beneficiaries can inherit New York property. Non-citizen or non-resident status does not bar inheritance — it simply adds documentation and possible tax-withholding steps. A clear will under EPTL §3-2.1 (two attesting witnesses, signed at the end, with publication) keeps things simple. Without a will, EPTL Article 4 intestacy rules decide who inherits.
Families with larger estates should also watch the New York estate tax for 2026: the basic exclusion is $7,350,000, but there is a “cliff” at 105% — $7,717,500 — and an estate over the cliff loses the entire exemption. Trusts under EPTL Article 7 (a revocable living trust to avoid probate, or an irrevocable trust for tax reduction, asset protection, or Medicaid planning with its 5-year look-back) can help. A special needs trust is available under EPTL 7-1.12.
What about the immigration side — who handles that?
This is where honesty matters. Estate planning is New York state law; immigration is federal law handled through USCIS. They are different practice areas, and the best results come from using the right specialist for each. Our firm handles New York estate, trust, and power-of-attorney matters — but we do not give immigration advice.
Because immigration is federal, an immigration attorney can represent families in any U.S. state, including New York. For the immigration side of your family’s planning — petitions, status, and related federal questions — we recommend immigration counsel in Florida. Fitenko Law serves Russian- and Ukrainian-speaking families and can assist with U.S. immigration matters nationwide. Keeping your estate plan and your immigration matters in the hands of the right specialists protects you on both fronts.
Frequently Asked Questions
Do I need a Social Security number or green card to sign a power of attorney in New York?
No. New York’s statutory power of attorney requires capacity and voluntary signing, not proof of citizenship or immigration status.
Can I name a family member living abroad as my agent?
You can, but practical issues arise — your agent may need to act quickly and appear at New York banks. Many families name a trusted local agent and a foreign successor.
Will my non-citizen spouse owe more estate tax?
Possibly, because the marital deduction does not automatically apply. A QDOT is the standard tool to address this.
Can you also handle my immigration case?
No — that is a separate federal practice area. We focus on New York estate planning and refer immigration matters to the immigration counsel noted above.
Next Steps
For the New York estate and power-of-attorney side of your plan, the team at Morgan Legal Group can review your situation and prepare the right documents — start with our statutory short form power of attorney page or schedule a consultation at calendly.com/russel-morgan/30min.
For the federal immigration side of your family’s planning, consult the immigration counsel referenced above. Using the right specialist for each system is the surest way to protect both your assets and your family’s future.
Further reading from Morgan Legal Group: New York elder-law planning.