Wills and Trusts
Do You Have to Be a U.S. Citizen to Have a Will?
When it comes to estate planning, many people wonder if being a United States citizen is a requirement to create important legal documents like wills, trusts, and powers of attorney. The simple answer is no—you do not need to be a U.S. citizen to establish these documents. Whether you’re a permanent resident, visa holder, or simply living in the U.S. temporarily, you can create a valid estate plan. Here’s what you need to know.
Wills for a Non-Citizen
A will allows you to decide how your assets will be distributed after your death. In Texas, there are no citizenship requirements to create a will. However, to ensure your will is valid, you must meet these criteria:
- Be at least 18 years old or legally emancipated.
- Be of sound mind when creating the document.
- Properly sign the will with two witnesses.
Trusts for a Non-Citizen
A trust is a powerful tool for managing assets during your lifetime and after your death. Non-citizens can absolutely create trusts in the United States. With a trust, non-citizens can avoid probate, maintain privacy, and ensure their estate is managed according to their wishes.
Powers of Attorney for a Non-Citizen
Power of attorney (POA) documents give someone the authority to make decisions on your behalf. Non-citizens can benefit from creating POA documents, especially if they:
- Own property in Texas.
- Need someone to manage financial matters or medical decisions if they become incapacitated or have to leave the country.
Just like with wills and trusts, citizenship is not a requirement to execute a power of attorney. The person you choose to act as your agent, however, should be someone trustworthy who understands your needs and circumstances.
Why Estate Planning is Essential for Non-Citizens
Without proper estate planning, your assets may be distributed according to Texas intestacy laws, which may not align with your wishes. By creating a will, trust, and power of attorney documents, you can:
- Ensure your loved ones are cared for.
- Avoid unnecessary delays in asset distribution.
- Reduce the risk of costly legal disputes.
Get the Right Documents with Texan Wills and Trusts
At TexanWillsandTrusts.com, we understand the unique needs of non-citizens living in Texas. Our state-specific documents ensure compliance with Texas law, and we provide guidance to help you avoid common mistakes. Whether you’re a U.S. citizen or not, you can take control of your estate planning today.
