Legal Question in Wills and Trusts in New Mexico

Can an illegal alien with a deceased mother who is a US citizen be deported if he is named as an heir in a probate case (intestate estate)?

Asked on 2/11/11, 12:31 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Yes. Unless the person has a visa, green card or citizenship, s/he is subject to deportation regardless of probate proceedings involving a US citizen. S/he is still eligible to claim whatever inheritance may be involved, but it will have to be done from outside the US.

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Answered on 2/12/11, 8:40 am

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