Can Non-Citizens Create a Living Trust in the U.S.?
Mike Massey Law, PLLC – Estate Planning You Can Trust
✅ Short Answer: Yes.
U.S. Citizens, Permanent Residents (Green Card holders), and even temporary visa holders (such as H-1B or H-4) can legally set up a living trust in the U.S.
🧾 Requirements to Create a Living Trust:
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Be 18 years or older
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Be mentally competent
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Own assets you wish to place in the trust
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Have a U.S. address (preferred for trust situs and administration)
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Have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)
🌎 What If I’m Not a U.S. Citizen?
| Status | Can Create a Trust? | Notes |
|---|---|---|
| U.S. Citizen | ✅ Yes | No restrictions. |
| Green Card Holder | ✅ Yes | Treated as U.S. resident for tax purposes. |
| H-1B / H-4 Visa Holder | ✅ Yes | Can own property and form legal agreements. |
| Non-Resident Alien | ⚠️ Possible, but complex | Often triggers U.S. estate tax planning needs. |
⚠️ Special Considerations for Non-Citizens:
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Estate Tax Traps: Non-citizens may have a U.S. estate tax exemption as low as $60,000, vs. $13.61M for citizens (2025).
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Foreign Spouse? You may need a QDOT (Qualified Domestic Trust) to protect assets from estate tax.
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International Assets? A U.S. living trust may not control assets held in foreign countries unless mirrored by a foreign trust.
💡 Why a Living Trust Still Makes Sense:
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Avoid probate court delays
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Keep your wishes private
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Protect your children and dependents
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Plan for incapacity and guardianship
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Simplify asset transfer even if you later move abroad
📞 Let’s Plan with Peace of Mind
Whether you’re here on a visa, hold a green card, or are a U.S. citizen—you deserve a plan that works for your life and legacy.
👉 Book your free consultation today: [bit.ly/consultalawyer]
📍 Serving clients throughout Texas
The information provided in this blog post is for general informational purposes only and is not legal advice. While we strive to provide accurate and up-to-date information, laws can vary by state and change over time. Reading this blog does not create an attorney-client relationship with Mike Massey Law, PLLC or any of its attorneys. If you need legal advice tailored to your specific situation, we encourage you to consult directly with a licensed attorney. To schedule a personalized consultation with our firm, please visit [bit.ly/consultalawyer] or contact us directly.
