If you are a green-card holder, non-citizen, or member of a mixed-status family on Long Island, here is the short answer: yes, you can inherit New York property. Foreign and non-resident heirs and beneficiaries are not barred from inheriting in New York. The case is filed in the New York Surrogate’s Court like any other estate, but your immigration status does not block the inheritance. What it does do is add documentation and tax-withholding steps, and those extra steps are exactly where families make expensive mistakes. This post walks through the most common, costly pitfalls so you can avoid them.
Mistake #1: Assuming a Foreign Heir Cannot Inherit
The single biggest myth is that a non-citizen, undocumented, or overseas relative loses the inheritance. Not true. Non-resident and non-citizen status does not bar inheritance of New York property. A foreign beneficiary can be named in a will under EPTL §3-2.1 (which requires two attesting witnesses, the testator signing at the end, and publication), or can inherit under New York’s intestacy rules in EPTL Article 4 when there is no valid will.
The real risk is procedural. Foreign heirs often need extra paperwork to prove identity and relationship, and there may be tax-withholding steps before funds are released. None of this stops the inheritance; it simply slows it down when families are unprepared. For the full sequence, see our guide to the probate process steps.
Mistake #2: Ignoring the Non-Citizen Spouse Tax Trap
This is the costliest mistake of all. The federal unlimited marital deduction — which normally lets one spouse leave unlimited assets to the other tax-free — does not apply when the surviving spouse is not a U.S. citizen. A married couple who assumes “everything passes to my spouse tax-free” can be badly wrong if that spouse holds a green card or a foreign passport rather than citizenship.
The standard fix is a QDOT (Qualified Domestic Trust). A QDOT lets the estate defer estate tax that would otherwise be owed when assets pass to a non-citizen spouse. Setting one up requires planning before death, which is why couples in mixed-citizenship marriages should review their estate plan early rather than discovering the gap during probate.
Mistake #3: Overlooking New York’s Estate-Tax Cliff
New York has its own estate tax, separate from the federal system. For 2026, the basic exclusion amount is $7,350,000. The trap is the “cliff”: once an estate exceeds 105% of the exclusion — $7,717,500 — the entire exemption is lost, and the estate is taxed from the first dollar.
| New York estate tax (2026) | Amount |
|---|---|
| Basic exclusion amount | $7,350,000 |
| Cliff threshold (105%) | $7,717,500 |
| Estate over the cliff | Loses the ENTIRE exemption |
Families with foreign real estate or assets are often surprised by how quickly the total estate value adds up. Planning tools such as a revocable living trust (EPTL Article 7) can avoid probate — though it offers no estate-tax savings — while an irrevocable trust can reduce tax, protect assets, or support Medicaid eligibility (subject to a 5-year look-back). A special needs trust under EPTL 7-1.12 is available where a beneficiary has a disability.
Mistake #4: Confusing State Probate With Federal Immigration
Many families try to solve everything with one lawyer. That is a mistake, because two separate bodies of law are involved:
- Estate planning and probate are governed by state law. A New York estate is handled in New York’s Surrogate’s Court under New York statutes.
- Immigration is governed by federal law (USCIS). It applies the same way nationwide.
Because immigration is federal, an immigration attorney can represent a family in any U.S. state, including New York clients. That is why an honest cross-referral makes sense: this firm handles the New York estate and probate side, and for the federal immigration side — family-based petitions and green cards — families should consult a family immigration lawyer in Florida. Fitenko Law works with Russian- and Ukrainian-speaking families and handles the immigration questions that often sit alongside an inheritance, such as a relative’s status. Use the right specialist for each side; do not assume one attorney covers both.
If you are also serving as the personal representative, understand what the role demands before you accept it — see executor duties.
Frequently Asked Questions
Can a relative living abroad inherit my New York property?
Yes. Non-resident and non-citizen status does not bar inheritance. Expect extra documentation and possible tax-withholding steps before funds are distributed.
My spouse has a green card, not citizenship. Does the marital deduction help me?
No. The unlimited marital deduction does not apply to a non-citizen surviving spouse. A QDOT is the standard tool to defer the estate tax.
Does immigration status change how probate is filed?
No. Probate is filed in the New York Surrogate’s Court regardless of the heirs’ citizenship. Status affects paperwork and tax steps, not the right to inherit.
Can my estate lawyer also handle immigration?
They are separate practice areas. Estate planning is state law; immigration is federal. Use an estate attorney for probate and an immigration attorney for petitions and green cards.
Next Steps for Long Island Families
Inheriting from abroad is manageable when you plan around the pitfalls instead of running into them. To understand how a New York case moves through the court, review our Surrogate’s Court guide.
For the New York estate and probate side — wills, trusts, QDOT planning, and the estate-tax cliff — consult Morgan Legal Group. You can schedule a consultation at calendly.com/russel-morgan/30min.
For the immigration side — family-based petitions and green cards under federal law — reach out to the family immigration lawyer referenced above. Two specialists, one coordinated plan, and far fewer costly mistakes.
Further reading from Morgan Legal Group: common mistakes executors make.