Texas Estate Attorney Helping NRIs Plan Wills, Trusts & Probate Across Borders

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), particularly High Net Worth Individuals (HNIs) residing in the United States, estate planning is more than a legal formality it’s a strategic necessity. With assets often spread between India and Texas, managing cross-border wills, trusts, and probate presents unique challenges. Without proper guidance, families risk probate delays, conflicting laws, tax exposure, and inheritance disputes. This is where a seasoned Texas estate attorney becomes indispensable.

Why NRIs and OCIs Need a Texas Estate Attorney

Navigating two legal systems Texas and India requires expertise in both. Texas adheres to the Texas Estates Code and U.S. tax law, while India applies personal succession laws such as the Hindu Succession Act, 1956, the Indian Succession Act, 1925, and Muslim personal law. A Texas estate planning attorney who understands these dual systems ensures that your legacy is protected and your wishes are honored seamlessly across jurisdictions.

An experienced estate lawyer not only helps you map and categorise global assets movable and immovable across India and the U.S., including real estate, shares, investments, and bank accounts, but also ensures nothing is overlooked. In addition, they provide legal clarity on inheritance and estate tax implications in both countries. As a result, you can structure your estate efficiently to minimise legal hurdles and reduce tax exposure. Moreover, this proactive approach safeguards your legacy and simplifies the transfer of assets to your heirs.

1. Key Legal Strategies for Cross-Border Estate Planning

Dual Wills: A common and effective solution is to draft two separate wills one for assets in India and another for assets in Texas. This avoids jurisdictional confusion and facilitates faster probate in both countries. Your Texas estate attorney ensures that these wills don’t conflict and are recognised as valid in their respective regions.
Trust Structures: Revocable living trusts help avoid probate and allow smooth succession of U.S.-based assets. For HNIs with substantial estates, irrevocable trusts may provide estate tax minimisation benefits. NRI-specific trust structures in India, when aligned with FEMA (Foreign Exchange Management Act) regulations, can further ease repatriation and succession.
Tax Optimisation: Although India does not impose inheritance tax, capital gains tax applies when inherited property is sold. In contrast, the U.S. imposes federal estate tax on estates exceeding $13.61 million (2024 threshold). A Texas estate attorney can leverage provisions such as Section 54 (reinvestment in residential property), Section 54EC (investment in bonds), and applicable DTAAs to minimise tax liabilities. However, since no U.S.-India estate tax treaty exists, careful planning is essential to avoid double taxation.
Power of Attorney (POA): NRIs managing Indian assets remotely must execute a POA that is properly notarised and apostilled (or consular attested) in Texas to be valid in India. This enables a trusted agent to act on your behalf in financial and legal matters and is critical for managing property, banking, and court proceedings.
Guardianship and Family Considerations: For families with minor children, inserting legally compliant guardianship clauses ensures cross-border enforceability. This is especially relevant for OCIs residing in the U.S. with dependents who may inherit Indian property.

2. Recent Legal Updates Affecting NRIs

The legal landscape for NRIs is evolving rapidly. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court of India affirmed equal coparcenary rights for daughters under the Hindu Succession Act even those living abroad. Recent FEMA updates now allow NRIs to repatriate up to USD 1 million annually from inherited property, provided they comply with tax filing requirements using Form 15CA and 15CB. Inherited agricultural land may be retained only under specific conditions. Furthermore, foreign citizens transferring immovable property via gift deed must now obtain RBI approval. A TDS of 12.5% applies on the sale of inherited property, unless eligible exemptions are claimed. These updates highlight why it’s crucial to review your estate plan regularly.

3. Complex Probate Issues and Cross-Border Execution

Probate in Texas for a foreign will requires authentication and filing through ancillary probate. The Texas Estates Code §501.001 outlines the process, including appointing a resident agent. In India, probate or succession certificates must be obtained based on the deceased’s religion and domicile. If you die without a will, Indian intestate succession laws apply according to your religion. This often leads to delays and family disputes. A Texas estate attorney with dual-probate experience can simplify the entire process. Their guidance helps reduce both emotional and financial strain on your heirs.

4. Common Challenges Faced by NRI Families

No U.S.-India Estate Tax Treaty
This creates exposure to double taxation U.S. federal estate tax on global assets and Indian capital gains tax on sale of inherited property. A well-designed trust or lifetime gifting strategy can mitigate this risk.
Texas Probate Formalities
A foreign will not executed as per Texas law may be invalid, delaying estate distribution.
Digital Assets and Cryptocurrency
India lacks a statutory framework for these, so including them in your will with clear access instructions is crucial.
Real Estate Transfers
FEMA restrictions and state-specific land laws limit NRI acquisition or retention of agricultural property.

The Emotional and Cultural Side of Estate Planning

For NRIs and OCIs, estate planning isn’t just about asset protection it’s about preserving identity, legacy, and values. Whether it’s securing your ancestral home in India or ensuring your children inherit family wealth without legal entanglements, the process is deeply personal. A Texas estate attorney brings not only legal expertise but cultural sensitivity, helping you make decisions that respect both tradition and modern needs. Sensitive topics such as blended families, ancestral obligations, and religious considerations are addressed with empathy and clarity.

Frequently Asked Questions (FAQs)

Q1: Should I create separate wills for Texas and India?

Yes. Separate wills for U.S. and Indian assets avoid legal complications and simplify probate in both countries. Your Texas attorney will ensure they complement each other and meet all legal requirements.

Q2: What happens if I die without a will in Texas?

Your Indian assets will be distributed per Indian personal laws, depending on your religion. This may not reflect your wishes and could lead to lengthy court proceedings for succession certificates or legal heirship.

Q3: Is inheritance taxable in India?

India does not have an inheritance tax. However, income generated from inherited assets (e.g., rent) is taxable, and selling inherited property incurs capital gains tax. Your attorney can help structure your estate to minimise these liabilities.

Q4: How can I avoid double taxation?

While there is no U.S.-India estate tax treaty, strategic use of lifetime gifting, irrevocable trusts, and DTAAs related to income can reduce tax exposure. Your estate lawyer will customise a tax mitigation plan.

Q5: Can I issue a Power of Attorney from Texas for use in India?

Yes. A POA executed in Texas can be used in India if notarised and apostilled. It empowers your representative to manage property and financial matters on your behalf.

About LawCrust Legal Consulting

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.

Cross-Border Estate Planning for NRIs: Trusted Texas Estate Attorney