Revised Combined Article: Estate Attorney New Jersey Helping NRIs Draft Wills and Protect Inherited Property in the U.S.

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) residing in the United States—especially in states like New Jersey—estate matters can become complicated due to the interplay of U.S. and Indian laws. Whether it’s preparing a will, handling inherited property, or minimising tax liabilities, working with an experienced estate attorney New Jersey is not only helpful—it’s essential. At LawCrust, we ensure that your wealth, legacy, and family remain protected across borders.

Navigating U.S. and Indian Estate Laws with an Estate Attorney New Jersey

Many NRIs hold assets in both the U.S. and India, including real estate, investments, and financial accounts. Creating a legally sound estate plan that addresses these dual jurisdictions is crucial. Our experienced estate attorney New Jersey team helps you build a customised estate planning NJ strategy that minimises tax exposure and reduces legal complications for your beneficiaries. One key step is drafting a comprehensive Will. A properly structured Will ensures your assets are distributed as per your wishes, not just default state laws. A skilled will attorney New Jersey will consider your Indian and U.S. holdings, making sure your family is spared from costly disputes and delays.

1. Understanding U.S. Estate Tax for NRIs and OCIs

As of 2025, the U.S. federal estate tax exemption is $13.99 million per person. However, from 2026, this may reduce to around $7 million unless Congress extends current laws. This exemption applies only to U.S. citizens and domiciled residents. For NRIs (non-U.S. domiciled individuals), the exemption is only $60,000 and applies only to U.S.-situs assets like real estate or U.S. stocks. This lower threshold can result in significant estate tax liabilities. While New Jersey repealed its estate tax in 2018, it still enforces inheritance tax depending on the relationship between the decedent and the heir. Our estate attorney New Jersey team helps NRIs use tools like irrevocable trusts, marital deductions, and annual gift exclusions to mitigate these liabilities effectively.

2. Avoiding Probate Delays with Help from a Probate Lawyer NJ

Probate is the court-supervised process of validating a Will and distributing the deceased’s estate. For NRIs, this can be time-consuming and costly. Our team includes seasoned probate lawyer NJ professionals who help structure your estate to avoid or streamline probate. Common strategies include setting up revocable living trusts, titling assets jointly with rights of survivorship, or naming beneficiaries on financial accounts. These steps help your loved ones avoid delays, public court proceedings, and additional expenses.

3. Managing Inherited Property in India and the U.S.

Inheriting property in the U.S. involves probate and estate taxes, while Indian property is governed by succession laws like the Hindu Succession Act (1956) or the Indian Succession Act (1925). While NRIs have equal rights to inherit Indian property, they face challenges in ownership transfer, tax compliance, and repatriation. Recent amendments through India’s Finance (No. 2) Bill, 2024 impose a 12.5% long-term capital gains tax (LTCG) without indexation benefits for NRIs selling inherited property after July 23, 2024. Income from inherited property in India is taxable, and NRIs must adhere to TDS rules. Under FEMA, NRIs can repatriate up to USD 1 million per year from sale proceeds of inherited assets without RBI approval, provided proper documentation is in place. At LawCrust, we coordinate with Indian legal and tax professionals to ensure you remain compliant in both jurisdictions.

4.Recent Legal Developments and Personalised Support

Several important changes affect NRI estate planning. In the U.S., potential reductions in estate tax exemptions mean it’s time to revisit your estate planning NJ strategies. In India, while there’s no inheritance tax, the tax treatment of capital gains and income from inherited property has tightened for NRIs. Courts in India have also recently recognised foreign probated Wills, easing succession processes for NRIs. At LawCrust, we offer more than legal expertise—we provide compassionate, culturally informed guidance. We understand that discussing your estate and future is deeply personal. Our attorneys communicate in simple English, build trust, and ensure your plan reflects your values, wishes, and family needs.

Five Highly Searched FAQs for NRIs and OCIs

1. Do I need separate Wills for India and the U.S.?

Yes, it’s strongly advised to have separate Wills customised to each jurisdiction. A will attorney New Jersey can draft your U.S. Will while coordinating with Indian counsel to ensure both documents are aligned and enforceable.

2. What is the biggest estate planning mistake NRIs make?

The most common mistake is ignoring U.S. estate tax exposure. Many NRIs wrongly assume their worldwide assets won’t be taxed. An estate attorney New Jersey can help you implement tax-saving measures such as trusts or lifetime gifting.

3. How do I protect inherited property in India from disputes?

Make sure the original property owner has a valid Indian Will. Obtain heirship or succession certificates as needed. You may also appoint a trusted Power of Attorney in India. Our cross-border legal team ensures proper documentation and smooth transfer.

4. Is there inheritance tax in India for NRIs?

India doesn’t impose inheritance tax. However, NRIs must pay tax on income from inherited property and on capital gains if they sell it. A cross-border estate attorney can help with tax planning and repatriation compliance.

5. Can I avoid U.S. probate?

Yes. Your estate attorney New Jersey can help set up living trusts, joint ownerships, and designate beneficiaries on accounts to bypass probate entirely, saving your heirs time and costs.

Outlook: A Cross-Border Approach is Now Essential

For globally mobile families, estate planning is no longer a local issue. It involves understanding tax treaties, repatriation limits, succession laws, and probate systems in multiple jurisdictions. Whether you’re planning for your heirs or managing an inheritance, a coordinated legal strategy is vital. LawCrust offers that bridge between countries, legal systems, and financial goals.

Conclusion

Estate planning ensures that your legacy is passed on efficiently and as intended. From minimising taxes to protecting family property, NRIs and OCIs in the U.S. need expert legal guidance. Partnering with a trusted estate attorney New Jersey who understands cross-border complexities ensures peace of mind and legal protection for generations to come.

About LawCrust

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

Estate Attorney New Jersey for NRIs and OCIs: Cross-Border Will Drafting and Inherited Property Protection