Estate Planning Lawyer California Assisting Indian Families in Protecting Wealth Across Borders

For Indian families, particularly NRIs (Non-Resident Indians) and OCIs (Overseas Citizens of India) living in the United States, estate planning is more than just distributing wealth — it is about preserving legacy, protecting cross-border assets, and ensuring legal compliance in multiple jurisdictions. An experienced estate planning lawyer California is essential in helping High-Net-Worth Individuals (HNIs) navigate these complexities while protecting multi-generational wealth across the US and India.

How an Estate Planning Lawyer California Supports Indian Families with Cross-Border Wealth

For Indian families living in California, managing wealth spread across the US and India involves navigating complex legal, tax, and regulatory systems in both countries. An experienced estate planning lawyer California plays a crucial role in bridging these legal frameworks. They help structure your estate to avoid probate delays, minimise tax liabilities, and ensure your assets—whether in Silicon Valley or Mumbai—are smoothly transferred to your heirs. From drafting dual-country wills and setting up trusts to ensuring compliance with FEMA and RBI guidelines for repatriation, a skilled lawyer ensures your legacy is protected and your loved ones are provided for, without unnecessary legal complications.

1. Understanding US and Indian Estate Law Intersections

California Probate and US Federal Tax Laws

If you hold assets in California, your estate may be subject to probate upon death. California’s probate process is often public, expensive, and time-consuming. Establishing a living trust can help avoid this and ensure a private, efficient asset transfer.

Additionally, the United States imposes a federal estate tax on estates exceeding a certain threshold (currently $13.61 million per individual in 2024). Therefore, tax planning is critical.

Indian Succession and Inheritance Laws

In India, succession laws are governed by religion-specific statutes such as the Hindu Succession Act, Muslim Personal Law, and Indian Succession Act. These laws determine how assets are distributed in the absence of a will.

India abolished inheritance tax in 1985. However, capital gains tax applies when inherited property is sold. A will made overseas must meet Indian legal standards to be enforceable for Indian properties.

Dual wills — one for US assets and one for Indian assets — are often advisable to streamline probate in both countries.

Tax and Repatriation Challenges for NRIs and OCIs

India and the US do not have a specific treaty for estate or inheritance taxes, leading to a risk of double taxation. However, the Double Taxation Avoidance Agreement (DTAA) between the two countries can provide relief on income generated from inherited property.

2. FEMA and RBI Regulations

NRIs are allowed to inherit residential and commercial property in India but are generally prohibited from inheriting agricultural land unless specifically permitted.

The repatriation of inherited assets is permitted up to USD 1 million per financial year, subject to compliance with FEMA guidelines and submission of proper documentation, including tax clearance certificates like Form 15CA and 15CB.

The Reserve Bank of India has recently simplified the repatriation process with digitised procedures, making it easier for NRIs to manage their Indian assets from abroad.

3. Key Estate Planning Tools for Indian Families

Wills

Drafting separate wills for your US and Indian assets is highly recommended. In India, registration of wills is not mandatory but adds authenticity. A clear will helps avoid confusion and ensures that your intentions are respected by law.

Trusts

Trusts offer privacy, asset protection, and probate avoidance. Revocable living trusts are widely used in the US, while irrevocable trusts provide tax and liability benefits. For HNIs, setting up a family trust in India can safeguard long-term generational wealth.

Inheritance Planning

Inheritance planning involves strategic structuring of your assets to reduce tax liabilities, avoid disputes, and ensure smooth transfer to heirs. This includes designating beneficiaries, gifting strategies, and considering tax implications in both countries.

Power of Attorney

Designating Power of Attorney in both the US and India enables your trusted representatives to act on your behalf in the event of incapacity. This is crucial to avoid legal and financial roadblocks.

Business Succession Planning

HNIs with business interests in India must incorporate business succession planning into their estate strategy to ensure operational continuity and avoid disputes among heirs or stakeholders.

The Human Side of Estate Planning

Estate planning is not only a legal process — it is deeply personal. It involves preparing your family for the future while respecting your cultural values and emotional priorities.

A skilled estate planning lawyer California will guide you through this sensitive process with empathy and discretion, listening to your concerns and crafting personalised solutions. LawCrust understands that protecting your legacy means understanding your life story — not just your assets.

4. Latest Legal Developments Relevant to NRIs

Anil Kapoor v. Union of India (2023)

The Delhi High Court reaffirmed that NRIs can draft valid wills for Indian assets from abroad. Provided the will complies with Indian laws, it need not be physically registered in India to be enforceable.

FEMA Circular Updates (2024)

Recent RBI circulars clarified the process for repatriating inherited assets, introducing digitised verifications and streamlined CA-certified documentation. These updates are crucial for NRIs looking to transfer sale proceeds of inherited Indian property to the US.

Highly Searched FAQs for NRIs and OCIs

Q1: I’m an NRI living in California with property in India. Do I need two separate wills?

A: Yes, it is advisable to have two separate wills — one for your US assets and another for your Indian assets. This ensures clarity and reduces probate delays or legal conflicts in either country.

Q2: Will I be taxed in the US for inheriting property from India?

A: While India does not tax inheritance, the US may subject you to estate or income tax depending on how the asset generates revenue. Proper planning can reduce this liability using tax treaties and structuring strategies.

Q3: Can I repatriate the proceeds from inherited property in India to the US?

A: Yes. You can repatriate up to USD 1 million per financial year, provided you comply with FEMA rules, submit required tax forms, and obtain CA-certified clearance.

Q4: Are Indian trusts recognised in the US for tax purposes?

A: Indian trusts may not automatically receive favourable tax treatment in the US. Your estate planning lawyer can coordinate with Indian advisors to ensure trust structures are compatible with US tax law.

Q5: What happens if I become incapacitated and have assets in both countries?

A: Without proper Powers of Attorney in both jurisdictions, your family may face legal hurdles. Executing jurisdiction-specific POAs ensures continuity of financial and healthcare decisions across borders.

Conclusion

Estate planning for Indian families living in California involves strategic legal coordination between two complex jurisdictions. From wills to trusts, inheritance planning to business succession, a cross-border approach is essential for preserving wealth, reducing taxes, and protecting loved ones.

An experienced estate planning lawyer California not only understands these dual challenges but also respects your cultural and emotional legacy.

Outlook

As global Indian families grow in wealth and complexity, estate planning is no longer a domestic issue — it is international. With changing laws, evolving tax rules, and increasing digital integration between US and Indian financial systems, the need for coordinated legal strategies has never been more urgent. Planning now can save your heirs years of litigation, confusion, and financial loss.

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.

Guiding Indian Families in California Through Cross-Border Estate Planning and Wealth Protection