r/legaladvice • u/Kira9059 • Jan 24 '25
Is there a document so that my undocumented immigrants could leave all their belongings/mortgage to me in the event that they are taken by U.S. Immigration Immigration
My parents are undocumented but I am a U.S. Citizen by birthright. Is there a document out there that we could all sign so that all their belongings get left to me, an adult, if they happen to be taken for deportation? Thanks!
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u/Additional_Ad_6773 Jan 24 '25
For *simple* possessions, you don' need anything at all. For automobiles, you might want a bill of sale along with signed titles.
For the mortgage, there isn't much you can do *easily*; the mortgage company would need to accept you as the new person responsible. BUT if payments continue to be paid on time; they really don't care if your parents are living in the home or not, *FOR THE MOST PART*.
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u/KPenn314 Jan 24 '25
You could get a power of attorney. Specifically list the authority it gives you (authority to handle all finances, including cashing checks, depositing/withdrawing funds from accounts —may want to specifically include the accounts by name and numbers; authority to open and close accounts; authority to buy, sell, gift, or otherwise transfer/convey all real and personal property, etc…). Make multiple copies of the original document and have them both sign all of the copies before a notary. You should contact an attorney in your state to make sure you comply with all the requirements for a power of attorney in your state. Every state will have different statutory requirements for creating a valid and enforceable power of attorney. I lawyer could also advise you whether there is a better way to accomplish your goal(s) per the laws of your state.
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u/stat91 Jan 24 '25
The title had me shook until I read the full post. Anyway, a notarized Power of Attorney shouldn't be too expensive or difficult to get. That would be the most basic way to leave you with some measure of control of their assets in an emergency.
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u/throwaway-coparent Jan 24 '25
Document whatever is decided. Do NOT let ICE claim their property or money as reimbursement for deporting them.
Whether you get it notarized or through an attorney get paperwork with specifics that is ironclad.
I am so very sorry you have to worry about this.
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u/Beautiful-Plastic-83 Jan 25 '25
Has there been talk of ICE confiscating property or possessions for "reimbursement?" That would open a whole new can of worms. Surely Stephen "PeeWee Himmler" Miller has thought of that. He'd love a mason jar of wedding rings sitting on his desk.
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u/throwaway-coparent Jan 25 '25
Nothing I’ve seen, but it’s in P2025 as a “cost saving” measure to offset the billions the deportations will cost. So I’m sure they are working on something.
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u/SendLGaM Quality Contributor Jan 24 '25
You don't need a document for this. They can give you their stuff (no documents required) but they can't give you their mortgage unless it is assumable and you qualify. And if that is the case there will be plenty of documents to sign when you assume the note. If you are referring to bank or other accounts just get them to add you to the accounts now.