You do not need to be a citizen — or have any status — to make a will, set up a trust, or name a guardian for your children. You only need to be an adult of sound mind.
Two things matter most: a family preparedness plan in case a parent is detained, and a will and trust for your assets. At Discount Lawyers, a will plus a revocable trust is always an affordable flat fee, in English or Spanish.
If you’ve been afraid to ask a lawyer about this because of your immigration status, hear this first: that fear is exactly what keeps good parents from planning. Nevada estate planning is open to every adult, whatever your status — so let’s take that fear off the table.
What happens to my kids if I’m detained?
Not planning doesn’t make the risk go away — it just means a court, not you, decides who cares for your children in an emergency. The answer is a family preparedness plan: a guardian nomination in your will, plus a caregiver authorization or power of attorney so a trusted adult you choose can step in right away to handle school and medical decisions. You choose that person, and you can change your mind. It’s the same calm preparation as naming an emergency contact.
Do I need immigration status to plan?
No. Your status does not affect your right to make a will, create a trust, sign a power of attorney, or name a guardian. You can do all of it with an ITIN instead of a Social Security number, and you never have to share more than the planning process requires. A Nevada trust also keeps your affairs private, unlike probate, which is a public court record.
What if one spouse isn’t a U.S. citizen?
Here’s one that surprises mixed-status couples. Normally you can leave an unlimited amount to a spouse with no federal estate tax — but that unlimited “marital deduction” doesn’t automatically apply when the surviving spouse isn’t a citizen. The fix is a Qualified Domestic Trust (QDOT). Most families never need one, because the federal exemption is $15 million per person in 2026. But if your estate is larger and your spouse isn’t a citizen, ask about it — it’s exactly the kind of detail a real attorney catches and a form never will.
Being straight with you: estate documents protect your family and assets — they are not immigration legal advice and don’t change anyone’s immigration case. If you have an active immigration matter, that’s a separate conversation, and we can point you in the right direction.
What documents should our family have?
Most immigrant and mixed-status families in Nevada need the same core set — Las Vegas wills, Nevada trusts, and a few protections in case of an emergency:
- A will with a guardian nomination — who raises your kids; who inherits.
- A caregiver authorization or power of attorney for your children — someone can act right away.
- A revocable living trust — your home and savings pass privately, no probate.
- Durable and healthcare powers of attorney — someone you trust decides if you can’t.
- An important-documents file — IDs, records, and contacts in one safe place.
What does it cost, and can we pay monthly?
At Discount Lawyers, a will and a revocable trust are always an affordable flat fee, prepared by a real, licensed Las Vegas trust lawyer, in English or Spanish, with Affirm financing if you’d rather pay monthly. Legal help shouldn’t be a luxury — and no honest lawyer will promise you a specific result or push documents you don’t need.
The first conversation is free, in English or Spanish, and you’ll get a real number in writing before you decide anything.
Common questions
Can I make a will or trust if I’m not a U.S. citizen?
Yes. Your immigration status does not affect your right to make a will, set up a trust, sign a power of attorney, or name a guardian for your children. You only need to be an adult of sound mind, and you can plan with an ITIN instead of a Social Security number.
What happens to my kids if I’m detained or deported?
Without a plan, a court decides who cares for your children. A family preparedness plan — a guardian nomination plus a caregiver authorization or power of attorney — lets a trusted adult you choose step in right away to handle school and medical decisions.
What is a QDOT and do I need one?
A Qualified Domestic Trust lets a non-citizen surviving spouse still defer federal estate tax, which normally requires U.S. citizenship. Most families never need one because the federal exemption is $15 million per person in 2026, but larger estates with a non-citizen spouse should ask about it.