The High Cost of No Estate Planning for Immigrant Family

The High Cost of No Estate Planning for Immigrant Family

Jovan was a 45-year-old long-haul truck driver living in Chicago with his wife, Jelena, and their three young children. Originally from Serbia, Jovan and Jelena had built a life in the U.S., but they had no family nearby to rely on. Jelena stayed home to care for the kids while Milos spent weeks on the road, working tirelessly to grow his trucking business. Over the years, he had built a small fleet of 10 trucks and trailers, operating as the sole owner of an S-corporation.

Despite his hard work, Milos hadn’t prioritized estate planning or insurance. Coming from a culture where discussing life insurance was considered bad luck, he and Jelena avoided it altogether. Jovan also didn’t have health or life insurance, and Jelena relied on state-subsidized healthcare in Illinois. While they had managed to save $100,000 in the bank, they had no retirement savings or estate plan in place.

Then, tragedy struck. While driving through a slippery mountain range, Jovan was involved in a fatal accident. His sudden death left Jelena and their children in a precarious situation, facing legal, financial, and immigration challenges that could have been avoided with proper planning.

The Hardships Wife and Kids Faced

  1. No Life Insurance to Cover Expenses
    Without life insurance, Jelena had no immediate source of funds to cover funeral costs, daily living expenses, or the mortgage on their home. The $100,000 in savings quickly dwindled as she struggled to pay bills and support her children.
  2. Immigration Complications
    Neither Jovan nor Jelena had green cards, and their long-term immigration process was still pending. Milos’s death complicated Jelena’s legal status, leaving her in a vulnerable position. She had to navigate complex immigration laws while grieving and caring for her children.
  3. Probate and Business Ownership Issues
    As the sole owner of the S-corporation, Jovan business assets—including the trucks and trailers—had to go through probate. Jelena, who had no experience running the business, was forced to hire attorneys to help her navigate the legal process. The probate court had to determine how to handle the business, which delayed access to funds and created additional stress.
  4. Selling the Business Equipment
    With no one to manage the trucking business, Jelena had no choice but to sell the trucks and trailers to cover debts and living expenses. However, selling commercial equipment takes time, and the market value might not have been enough to sustain the family long-term.
  5. No Guardianship or Estate Plan for the Kids
    Jovan and Jelena had never created a will or named a guardian for their children. If something were to happen to Jelena, the courts would have to decide who would care for the kids—a frightening prospect for a mother with no family in the U.S.
  6. Moving Back to Serbia
    After paying off debts, legal fees, and other expenses, Jelena realized there wasn’t enough left to sustain their life in the U.S. With no family support and limited resources, she made the difficult decision to move back to Serbia, uprooting her children from the only home they had ever known.

The Lesson Jovan Story Teaches Us

Jovan’s story is a stark reminder of how quickly life can change—and how important it is to plan for the unexpected. As the sole breadwinner, Milos’s sudden passing left his family in a dire situation, facing financial, legal, and emotional challenges that could have been avoided with proper planning.

Here’s what Jovan could have done differently to protect his family:

  1. Purchased Life Insurance
    A life insurance policy would have provided Jelena with immediate funds to cover expenses and support the children after Jovan’s death.
  2. Created a Will and Named a Guardian
    A will would have allowed Jovan to name a guardian for his children and outline his wishes for their care.
  3. Set Up a Living Trust
    A living trust could have allowed Jovan to transfer ownership of his business and other assets to Jelena without going through probate, ensuring she had immediate access to funds.
  4. Consulted an Immigration Attorney
    Working with an immigration attorney could have helped Jovan and Jelena understand how their immigration status might impact their family in the event of his death.
  5. Developed a Business Succession Plan
    A succession plan would have outlined what would happen to the trucking business if Jovan were no longer able to run it, ensuring a smoother transition for his family.

Don’t Wait—Protect Your Family Today

Jovan’s story is a powerful reminder that estate planning isn’t just about protecting assets—it’s about protecting your family. If something happens to you, your spouse and children deserve a clear plan that ensures their care and financial security.

[Download Our Free Estate Planning Checklist] to get started today.

If you’re a business owner, immigrant, or parent, don’t wait until it’s too late. 
[Contact Us] to learn more about how you can create a plan that gives you peace of mind and protects your loved ones.

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Legal Disclaimer

The information provided on this website, including articles, checklists, and resources, is for general informational purposes only and does not constitute legal, financial, or tax advice. 401k Bull is not a law firm, and we are not attorneys. For any legal matters, including estate planning, wills, trusts, or powers of attorney, please consult a licensed estate planning attorney in your state. Laws and regulations vary by jurisdiction, and only a qualified attorney can provide advice tailored to your specific situation.

By using this website, you agree that 401k Bull is not responsible for any actions taken based on the information provided.
Always seek professional guidance to ensure your estate plan meets your needs and complies with applicable laws.

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