When someone passes away, questions about who can legally inherit their assets often arise—especially when immigration status is involved. In a recent NJMoneyHelp.com column, Steven Holt, Partner and Chair of the Tax, Trusts & Estates Practice at Mandelbaum Barrett PC, addressed a reader’s concern about whether an undocumented spouse with a felony record could inherit money and real estate left to her in her late husband’s will.
According to Holt, immigration status does not prevent someone from inheriting property in New Jersey. “An undocumented alien can inherit real property,” he explained. “New Jersey law does not require an undocumented alien to sell inherited real estate.” However, he noted that some other states may have laws that limit how long an undocumented person can retain inherited property.
Holt also pointed out the potential tax implications. In New Jersey, inheritance tax may apply depending on the relationship between the deceased and the heir. And if the estate is valued at more than $13.99 million, federal estate tax consequences could arise.
This insight underscores the value of proper estate planning and legal guidance—especially when issues of immigration, criminal history, and tax law intersect.
Read the full column at NJMoneyHelp.com.
For more information, you can reach Steven A. Holt at sholt@mblawfirm.com or 973-243-7941.