Estate Planning Lawyer Fort Lauderdale Supporting NRIs in Securing U.S. Assets

For NRIs (Non-Resident Indians) and OCIs (Overseas Citizens of India) residing in the USA, estate planning is not just a legal necessity it’s a strategic move to protect wealth, ensure smooth inheritance, and maintain cross-border compliance. A seasoned estate planning lawyer Fort Lauderdale can help high-net-worth individuals (HNIs) navigate the complexities of U.S. property planning while aligning with Indian inheritance laws.

Why NRIs and OCIs Need Estate Planning Lawyer Fort Lauderdale the U.S.

Estate planning in the United States involves more than drafting a will. It includes:

Trust formation to avoid probate and protect assets
Power of attorney for financial and healthcare decisions
Guardianship planning for minor children
Tax-efficient strategies to minimise estate and gift taxes

For NRIs, the challenge lies in managing assets across jurisdictions. U.S. estate laws differ significantly from Indian succession laws, and without proper planning, families may face legal hurdles, delays, and tax liabilities.

1. Navigating Indian Inheritance Laws from Abroad

Indian inheritance laws are governed by personal laws based on religion and the Indian Succession Act, 1925. For example:

Hindus, Sikhs, Jains, and Buddhists follow the Hindu Succession Act, 1956
Muslims follow personal Sharia law
Christians and Parsis are governed by the Indian Succession Act

Recent updates have made inheritance more inclusive. The 2005 amendment to the Hindu Succession Act granted daughters equal rights in ancestral property. NRIs must ensure their U.S. estate plans do not conflict with Indian laws, especially when assets or heirs reside in India.

2. U.S. Property Planning for NRIs: Key Considerations

When NRIs own property in the U.S., they must consider:

Estate tax exposure: NRIs get only a $60,000 exemption, unlike U.S. citizens who enjoy over $13 million
FIRPTA: The Foreign Investment in Real Property Tax Act imposes a 15% withholding tax on property sales by foreign nationals
Ownership structures: Using LLCs or trusts can offer liability protection and tax advantages

An experienced estate planning lawyer Fort Lauderdale can help structure ownership to reduce tax burdens and ensure smooth succession.

3. Landmark Judgments and Legal Developments Impacting NRIs

In India, the Supreme Court has emphasized the importance of removing suspicious circumstances in wills, such as in H. Venkatachala Iyengar v. B.N. Thimmajamma. Additionally, the Landmark Judgment Summary portal launched by the Supreme Court in 2024 now offers simplified access to key estate-related decisions.

Recent updates in the Union Budget 2025 have increased the income tax exemption limit to ₹12 lakh for NRIs, easing tax burdens on Indian-sourced income. These developments underscore the need for integrated estate planning across borders.

FAQs for NRIs and OCIs on Estate Planning

1. Can NRIs create a trust in the U.S. to manage their assets?

Yes. Trusts help avoid probate, protect privacy, and reduce estate taxes. An estate planning lawyer in Fort Lauderdale can guide you through the process.

2. How does Indian inheritance law affect my U.S. estate plan?

If you have heirs or property in India, your estate plan must align with Indian succession laws to avoid disputes or delays.

3. What is the best way to repatriate funds from U.S. property sales?

NRIs can remit up to $2 million annually without RBI approval. Proper documentation and tax compliance are essential.

4. Do I need separate wills for India and the U.S.?

Yes. Each country has distinct legal requirements. Coordinated wills ensure clarity and prevent conflicts.

5. How can I minimise estate taxes in the U.S. as an NRI?

Using LLCs, irrevocable trusts, and gifting strategies can help. Consult an estate planning lawyer in Fort Lauderdale for personalised advice.

Outlook: Estate Planning as a Bridge Between Nations

Estate planning for NRIs is more than legal paperwork it’s a bridge between two worlds. It ensures that your legacy is preserved, your loved ones are protected, and your cross-border assets are managed with precision. With evolving laws and global mobility, proactive planning is the key to peace of mind.

Conclusion

Estate planning is essential for NRIs and OCIs with assets in the U.S. and India. From navigating Indian inheritance laws to structuring U.S. property planning, a skilled estate planning lawyer Fort Lauderdale ensures your wealth is protected and your wishes honored. With LawCrust Legal Consulting, you gain a partner who understands your global needs and delivers local expertise.

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.

Estate Planning Lawyer Fort Lauderdale Helping NRIs Secure U.S. Assets & Align Indian Inheritance