Owning real estate in the California while being undocumented can be a source of both pride and anxiety. Many undocumented individuals work hard to invest in homes, rental properties, make their down payment on a commercial real estate, only to live in constant fear of deportation or sudden immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE).

One of the biggest concerns for undocumented property owners is what happens to their real estate if they are detained or forced to leave the country. Without proper planning, they could lose control over their home or other properties, leaving their families vulnerable to financial instability.

However, by utilizing estate planning tools such as trusts, powers of attorney, and pre-arranged real estate sale instructions, undocumented homeowners can ensure their property is protected—even in the worst-case scenario.

Can an Undocumented Immigrant Own Property in the U.S.?

Yes, undocumented immigrants can legally own property in the United States. There are no laws preventing non-citizens—regardless of immigration status—from purchasing and owning real estate. A social security number is not required to buy a home since a individual taxpayer identification number may be used. However, maintaining ownership and control over the property can become complicated if an undocumented owner is suddenly detained or deported.

Many undocumented homeowners worry that ICE enforcement will prevent them from selling their property, leading to financial loss. If no prior arrangements are made, their home could be foreclosed upon, abandoned, or sold for far less than market value.

Estate planning provides a legal solution to preserve and protect assets while they resolve their immigration status.

How Estate Planning Can Protect Undocumented Property Owners' Homes In The Event of Deportation

By preparing certain estate planning documents in advance, undocumented homeowners can provide instructions on how their real estate should be handled in the event they are unable to act on their own behalf. Here's how:

1. Establishing a Living Trust with a Successor Trustee

A revocable living trust is one of the most effective tools for undocumented individuals who own real estate. A trust allows a property owner (the grantor) to transfer ownership of their home or real estate into a legal entity, the trust, while still maintaining control over it during their lifetime.

If the property owner is detained or deported, a successor trustee—a trusted family member, friend, or legal representative—can step in to manage the property according to the instructions left in the trust. The successor trustee can:

Sell the property and transfer the proceeds to the owner or their family

Rent out the property to maintain mortgage payments and prevent foreclosure

Maintain and protect the property until the owner can return or resolve their immigration status

Since the trust is legally binding, ICE or other government agencies do not have direct control over the property's fate.

2. Creating a Durable Power of Attorney for Real Estate Transactions

A durable power of attorney (POA) grants a trusted individual the authority to handle real estate matters if the property owner is detained, deported, or otherwise unable to act. With a POA, a designated agent can:

• Sign contracts and documents related to the sale or transfer of property

• Manage mortgage payments, taxes, and utility bills

• Lease or rent out the property to maintain its financial stability

Unlike a trust, which transfers property ownership to the trust itself, a POA keeps the title in the owner's name while allowing another person to act on their behalf.

3. Writing a Letter of Instruction for Property Sale

A letter of instruction is a simple yet powerful document that outlines the homeowner's wishes regarding their property. While not legally binding, it provides clear guidance to the trustee or power of attorney about:

• When to sell the property

• Who should handle the transaction or mortgage payments

• Where the proceeds should be sent (e.g., to a bank account in another country)

• How to distribute funds among family members

This document serves as a roadmap to ensure the homeowner's wishes are followed even if they cannot personally oversee the process.

4. Naming a Beneficiary for Property Transfer Upon Death

If an undocumented homeowner fears the long-term uncertainty of their immigration status, they may also want to prepare for what happens to their property if they pass away.

A transfer-on-death (TOD) deed allows them to name a beneficiary who will automatically receive the property without needing to go through probate.

Why Planning Ahead Is Essential

Without proper planning, an undocumented property owner could face serious consequences:

Mortgage Foreclosure – If no one is authorized to make payments, lenders may seize the home putting your homeownership and home loans in danger

Property Loss or Theft – Without legal instructions, scammers or opportunistic individuals may attempt to take control of the property.

Family Disputes – If no clear plan exists, family members may argue over who should manage or inherit the property.

Taking proactive steps through estate planning ensures that real estate investments remain protected and in trusted hands.

How to Get Started with Estate Planning as an Undocumented Homeowner

If you or a loved one are undocumented and own property in the U.S., now is the time to plan for the unexpected. An experienced estate planning attorney can help you:

• Set up a trust and designate a successor trustee

• Draft a power of attorney for real estate matters

• Create a letter of instruction for property sales

• Implement a property transfer strategy in case of death

Having these protections in place can provide peace of mind and financial security, ensuring that your hard-earned investment is not lost due to sudden immigration enforcement actions.

Contact Our Law Firm for Assistance

At the Law Office of Steve Lopez, we have experience in helping undocumented immigrants protect their assets through strategic estate planning.

If you are concerned about the future of your real estate, we are here to provide confidential, personalized legal solutions.

Call us today or schedule a consultation online to discuss your estate planning needs.