06 Mar Can undocumented people inherit property when someone dies?

Q. A friend of mine recently passed away and he had been married to an illegal alien who had been unable to become a citizen. She also had a felony on her record. He left her a sizable amount of money and property in his will. Does her status prevent her from inheriting the money and property?
— A friend

A. We’re sorry to hear about your friend.

An undocumented alien can inherit real property, said Steven Holt, partner and chair of the tax law, trusts and estates practices with Mandelbaum Barrett PC in Roseland.

“New Jersey law does not require an undocumented alien to sell inherited real estate,” Holt said. “However, some states have restrictions on how long an undocumented alien can hold the property before being required to sell it.”

But in New Jersey, there may be an inheritance tax imposed, he said. This would be based on the relationship between the deceased and the person inheriting the property.

And if the value of the decedent’s estate is greater than $13.99 million, there could be estate tax consequences, Holt said.

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This story was originally published in March 2025.

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