Frequently Asked Questions
Answers to the most common questions we receive about estate planning and immigration
Wills, Trusts & Estate Planning Questions
Questions about wills, trusts, powers of attorney, healthcare directives, or probate? Start here, then schedule a free consultation.
Do I need an estate plan if I'm young and healthy?
Yes. Estate planning covers not just death but incapacity. A power of attorney and healthcare proxy ensure someone you trust can make decisions if you're ever unable to — at any age.
What is the difference between a will and a trust?
A will takes effect at death and must go through probate. A trust can manage assets during your lifetime and at death, often avoiding probate entirely and providing greater privacy and control.
How much does estate planning cost?
Costs vary by complexity. Simple wills start around $500–$1,500. Comprehensive trust-based plans typically cost $2,500–$5,000+. Red Knot Law offers flat fees and package pricing — ask at your free consultation.
What is probate?
Probate is the court process that validates your will, appoints your executor, and oversees the distribution of your estate. In New York, it typically takes 8–12 months and becomes a public record.
How do I avoid probate?
Create a revocable living trust during your lifetime and transfer your assets into it. Assets held in the trust pass directly to beneficiaries at your death, bypassing probate entirely.
Can I change my will after it's signed?
Yes — through amendment (codicil) or revocation and replacement. Both must follow the same execution formalities as your original will.
Who should I name as my executor?
Someone you trust absolutely: spouse, adult child, sibling, trusted friend, or a professional (bank, attorney, trust company). Name an alternate in case your first choice cannot serve.
What happens if I die without a will in New York?
New York's intestacy laws distribute your estate to your closest relatives in a fixed order — regardless of your wishes. Unmarried partners receive nothing. A court appoints an administrator, not the person you'd have chosen.
Does a revocable trust protect assets from creditors?
No. A revocable trust does not protect assets from creditors because you retain control and can revoke it. For creditor protection, you need an irrevocable trust with proper structure and timing.
Do I need a power of attorney if I have a trust?
Yes. A trust does not grant your agent authority over assets outside the trust. A power of attorney covers financial matters not held in the trust and is essential for situations not covered by your trust documents.
Immigration Questions
Questions about family immigration, green cards, naturalization, asylum, VAWA, or immigration court? Browse below, then schedule a free consultation.
How long does a family-based green card take?
Processing times vary by preference category and country of birth. Immediate relatives (spouse, minor child, parent of U.S. citizen) typically process in 12–24 months. Preference categories can take several years.
What is the difference between a green card and citizenship?
A green card (lawful permanent resident status) allows you to live and work in the U.S. indefinitely. Citizenship grants all rights of a U.S. citizen, including voting and the right to carry a U.S. passport. You can apply for citizenship after 5 years (or 3 years if married to a U.S. citizen).
Can I work in the U.S. on an H-1B visa?
Yes. An H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. The visa is valid for 3 years, renewable for up to 6 years total. Your employer must file on your behalf.
What is asylum?
Asylum is humanitarian protection for people fleeing persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. You may apply affirmatively (proactively) or defensively (in removal proceedings).
How do I become a U.S. citizen?
After holding a green card for 5 years (or 3 years if married to a U.S. citizen for those 3 years), you can file Form N-400 for naturalization. You must pass an English proficiency test, a civics test, and attend an interview.
What is VAWA?
The Violence Against Women Act allows certain spouses, children, and parents of abusive U.S. citizens or lawful permanent residents to self-petition for a green card — without the abuser's knowledge or consent. These petitions are confidential.
Can I bring my parents to the U.S.?
Yes, if you are a U.S. citizen age 21 or older. The I-130 petition for parents is an immediate relative petition with no annual cap and no waiting period. Your parents may apply for adjustment of status inside the U.S. or through consular processing.
What happens if I'm in removal proceedings?
You have the right to legal representation, a hearing before an immigration judge, and the opportunity to present defenses (including asylum, cancellation of removal, adjustment of status, and stays of removal). Contact us immediately — time matters.
Can I travel outside the U.S. while my green card is pending?
It depends. If you've filed for adjustment of status, traveling without advance parole (Form I-131) can abandon your application. With advance parole approved, short trips are generally possible. Consult us before traveling.
What should I do if I receive an immigration court Notice to Appear (NTA)?
Call an immigration attorney immediately. Read all dates and deadlines carefully — you must appear at every hearing or an order of removal may be entered against you in your absence. We can help you understand your options and mount a defense.
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