Property held by a minor is generally governed by state law. Where possible, consult a lawyer for advice on state-specific property laws and your individual best course of action.
- If you currently hold assets as custodian in the name of your minor child who is a U.S. citizen, consider transfer of the custodianship to a trusted individual who will remain in the U.S. should you be deported.
- Create a list of all available assets not currently protected that may be transferred or otherwise protected for the benefit of your minor child (including real and personal, tangible and intangible property). Where practicable, consider consolidating assets for easier management and transfer.
- Draft an agreement for the transfer of the identified assets to a custodian for the minor under the Uniform Transfers to Minors Act (UTMA) to be executed immediately or, at a minimum, before deportation (including during detention, if needed).
- If in possession of significant or unique assets (including real estate), consult a lawyer to consider the formation of a trust, guardianship, or conservatorship for the benefit of your minor child with a trustee who will remain in the U.S.
- Investigate whether any government benefits your minor child receives may be affected by your deportation, whether your child may qualify for additional benefits upon your deportation, and leave instructions for your minor child and/or your child’s guardian for maintaining and/or obtaining these benefits.
- If possible, ensure all bank accounts are jointly-held by your minor child and a custodian whom you trust and who will remain in the U.S. to ensure your citizen child has continued access.
- Consider granting power of attorney to someone who will remain in the U.S. to handle the disposition of any other assets in your absence.
- If your minor child is leaving the country with you during deportation, a professional with expertise should be consulted to determine if and how your child’s assets may be sold and taken out of the country with him or her.
- You and your child may request an accounting from any custodian or trustee managing your child’s assets in order to ensure that the assets are safe and are being managed appropriately.