Estate Lawyers Buffalo NY Supporting NRIs with Cross-Border Inheritance and Wills

Navigating inheritance and estate planning across borders is never simple especially for Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) with family, financial interests, or real estate in both India and the United States. In these scenarios, estate lawyers Buffalo NY serve as a crucial legal bridge for high-net-worth individuals (HNIs) who need clarity, compliance, and continuity in wealth transfer.

Whether you’re drafting dual wills, establishing a trust, or resolving a family property dispute in India from Buffalo, NY expert legal guidance ensures your legacy is preserved across jurisdictions.

Why NRIs Need Specialised Estate Lawyers Buffalo NY

Estate planning for NRIs and OCIs is far more complex than for domestic clients. Cross-border legal structures involve multiple statutes and taxation regimes. A skilled estate lawyer Buffalo brings in-depth knowledge of both U.S. estate laws (such as the Surrogate’s Court Procedure Act – SCPA and IRS regulations) and Indian succession laws (like the Hindu Succession Act, Indian Succession Act, or Sharia-based personal laws).

Key reasons to consult estate planning attorneys Buffalo NY:

Ensure your Indian and U.S. assets are legally protected.
Prevent legal disputes among heirs across countries.
Avoid probate delays through effective estate planning.
Comply with both FEMA (India) and IRS (U.S.) reporting norms.

1. Understanding the Legal Frameworks for NRIs and OCIs

Indian inheritance law depends on religious affiliation:

Hindu Succession Act, 1956 – Applies to Hindus, Jains, Sikhs, and Buddhists.
Muslim Personal Law (Shariat) – Allows wills for only one-third of the estate.
Indian Succession Act, 1925 – Governs Christians, Parsis, and those not covered under personal laws.

In contrast, New York State follows a civil probate system. U.S. assets are subject to the federal estate tax, with the 2024 exemption limit set at $13.61 million.

For NRIs, India does not levy an inheritance tax, but capital gains tax is applicable on the sale of inherited property. If sold within 24 months, Short-Term Capital Gains (STCG) apply at slab rates. Beyond 24 months, Long-Term Capital Gains (LTCG) apply at 20% with indexation.

Repatriation of Indian asset sale proceeds is allowed up to USD 1 million per financial year under FEMA, subject to Form 15CA/15CB filings.

2. Recent Legal Developments Benefiting NRIs

Recent reforms and judicial clarifications have simplified estate planning for NRIs:

Growing trend of using dual wills one for India, one for the U.S. to avoid conflicts of law.
Courts have upheld the enforceability of foreign wills in India if drafted and attested correctly.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court of India upheld equal rights for daughters in HUF properties, impacting NRI family settlements.
Provisions under the Finance Act 2023 now impose tighter regulations on NRI foreign remittances and asset disclosures.

These changes necessitate proactive consultation with estate attorneys Buffalo NY who understand the cross-jurisdictional implications.

3. How Estate Lawyers Buffalo NY Customise Solutions for NRIs

Top-rated estate planning attorneys Buffalo NY offer end-to-end services customised to the needs of NRIs:

Drafting Dual or Global Wills

Separate wills in the U.S. and India reduce probate delays. Each will must comply with local legal formalities such as witness requirements, notarisation, and translation.

Succession Certificate Assistance

For intestate matters in India, NRIs need a succession certificate to claim movable assets like bank deposits or stocks. Your Buffalo-based attorney collaborates with Indian legal teams to file petitions remotely.

Power of Attorney (PoA) Execution

A properly drafted PoA allows you to manage Indian property without travelling. It must be notarised and often apostilled in the U.S. to be valid in India.

Family Trust Setup

Establishing a revocable or irrevocable trust under the Indian Trusts Act, 1882 or U.S. law can shield your assets from probate and future disputes. These tools are especially useful for HNIs managing wealth across borders.

Real Estate Title and Inheritance Dispute Resolution

Your estate attorney Buffalo NY can help you resolve ancestral property conflicts by coordinating with Indian lawyers to file partition suits, secure legal heir certificates, and clarify title ownership.

4. Common Challenges for NRIs in Estate Planning

Unregistered or outdated Indian wills.
Lack of legal documentation for ancestral property.
Delays in Indian courts due to jurisdictional overlap.
Misuse of PoA by relatives or agents.
Tax confusion over LTCG, FEMA, or U.S. estate tax rules.

These issues make it essential to work with estate lawyers Buffalo NY who handle NRI complexities daily.

Frequently Asked Questions (FAQs) for NRIs and OCIs

Q1. Do I need a separate will for my Indian and U.S. assets?

Yes. It is advisable to create dual wills each designed to comply with local legal norms to avoid cross-border probate issues.

Q2. How can I claim my parent’s bank accounts in India as an OCI?

You’ll need a succession certificate from an Indian civil court. An estate lawyer Buffalo NY can coordinate with Indian counsel to streamline this process.

Q3. What taxes apply if I sell inherited property in India as an NRI?

You’ll pay capital gains tax in India (20% LTCG post-24 months). Additionally, FEMA rules limit foreign remittances to USD 1 million annually.

Q4. Can a Power of Attorney signed in the U.S. be used in India?

Yes, but it must be notarised and apostilled. A properly drafted PoA prevents misuse and enables lawful property management.

Q5. Can my Buffalo-based estate lawyer help with a family dispute in India?

Yes. They act as your primary coordinator, gather documents, and work with Indian lawyers to file suits or negotiate family settlements.

Outlook: A Global Legacy Starts with Cross-Border Expertise

Estate planning is more than just documentation it’s about securing peace of mind. For global Indians, managing wealth across the U.S. and India demands foresight, legal precision, and strategic planning.

With evolving legal frameworks, digitisation of records, and rising global mobility, NRIs must act now. Consult experienced estate lawyers Buffalo NY to protect your assets, avoid disputes, and ensure smooth transitions for the next generation.

Conclusion

For NRIs and OCIs, managing inheritance across two countries is an intricate task involving legal compliance, financial planning, and emotional closure. Whether you are dealing with succession, property disputes, PoA execution, or tax planning, expert estate lawyers Buffalo NY provide invaluable guidance and remote legal support.

With the right team by your side, you can secure your family’s legacy without crossing oceans or navigating two legal systems alone.

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.

Specialised Estate Law in Buffalo: Serving NRIs with Global Assets