Why Plano Estate Planning Lawyers Are Essential for NRIs and OCIs

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the U.S., especially in cities like Plano, Texas, managing wealth across borders comes with legal and tax complexities. Whether it’s protecting real estate in India, transferring U.S.-based investments, or naming guardians for minor children, experienced Plano estate planning lawyers provide clarity and legal protection. For high-net-worth individuals (HNIs), proactive estate planning ensures their legacy survives legal hurdles and tax burdens across jurisdictions.

How Plano Estate Planning Lawyers Navigate U.S. and Indian Estate Laws

A well-designed estate plan must account for both U.S. estate and probate laws and Indian succession statutes, including:

Indian Succession Act, 1925
Hindu Succession Act, 1956 (as amended in 2005)
Texas Estates Code governing wills, trusts, and guardianship
Many estate planning lawyer Plano professionals now offer cross-border services, integrating U.S. revocable trusts with Indian legal standards, ensuring enforceability and tax efficiency in both countries.

1. Key Components of Cross-Border Estate Planning

Wills and Trusts:

Having a single will might not suffice. Experts recommend:

A U.S. will compliant with Texas law for local assets
A separate India-compliant will, probatable under Indian courts
Use of revocable or irrevocable trusts to protect U.S. assets from probate, maintain privacy, and reduce taxes

Tax Planning and DTAA Benefits:

Both the U.S. and India tax global income, leading to the risk of double taxation. However, India and the U.S. have a Double Taxation Avoidance Agreement (DTAA), which helps reduce the burden if planned properly. A qualified will lawyer Plano can help optimise capital gains, inheritance tax (if applicable), and gifting structures.

Guardianship and PoA:

Estate plans must include Powers of Attorney (PoA) and guardianship designations for children. Ensure PoAs executed in Plano are valid in India by notarising, apostilling, and registering them with Indian authorities.

2. Latest Legal Updates Impacting NRI Estate Planning

Income Tax Bill 2025 (Effective April 1, 2025): This bill retained capital gains tax on inherited property sales, with indexation and holding period continuity. NRIs benefit from Section 197 certificates to lower TDS rates on property sales.
Forex Fluctuation Clause 72(6): Now NRIs can adjust capital gains based on rupee depreciation when selling unlisted shares of Indian companies.
Hindu Succession Act (Amendment and Judgment): The Supreme Court’s ruling in Vineeta Sharma v. Rakesh Sharma (2020) reinforced that daughters have equal rights in ancestral property by birth, regardless of whether the father was alive in 2005.
e-Courts and Online Probate (ODR): India’s push for digital courts now allows NRIs to participate in probate and succession certificate processes remotely, easing legal execution for those living abroad.
S.R. Subramaniam v. T.T.S. Sekhar (2025): The Supreme Court emphasised strict compliance with Section 63 of the Indian Succession Act for will execution—highlighting the need for meticulous drafting by skilled Plano estate planning lawyers.

3. How Estate Planning Lawyer Plano Experts Assist NRIs

Draft dual-jurisdiction wills
Create U.S. trusts aligned with Indian inheritance laws
Minimise estate taxes using gift tax exclusions and trust strategies
Coordinate with Indian legal counsel for smooth execution
Handle IRS Form 3520 and other reporting requirements for foreign trusts
Navigate Indian probate, TDS procedures, and succession certificates

4. Role of a Will Lawyer Plano in Asset Protection

A will is the heart of estate planning. For NRIs, the distribution of Indian and U.S. assets requires separate legal instruments or highly customised provisions. In India, attestation and probate requirements differ by state—especially in metros like Mumbai, Chennai, and Kolkata.

will lawyer Plano ensures:

Clear asset division instructions
Avoidance of intestate succession (which defaults to Indian or Texas laws)
Legal validity across borders through precise language and attestation

Five Quora-Style FAQs Customised for NRIs and OCIs

Q1: Do I need separate wills for India and the U.S.?

A: Yes. Immovable property in India must be covered by a will compliant with Indian succession laws. A Plano estate planning lawyer coordinates dual wills or one detailed will with specific clauses for each jurisdiction.

Q2: Will my heirs in India pay tax if they inherit my property?

A: India has no inheritance tax, but capital gains tax applies if the property is sold. Holding period includes prior ownership. Stamp duty and registration charges also apply.

Q3: Can a U.S. trust manage Indian property?

A: Not directly. FEMA restricts foreign trusts. It’s advisable to create a separate Indian trust for Indian assets, coordinated by your estate planning lawyer Plano and an Indian counterpart.

Q4: How do I validate my Plano-executed PoA in India?

A: Notarise it locally, then apostille or consularise it. After that, register it in India with the local sub-registrar where the asset lies.

Q5: What happens if I die intestate as an NRI?

A: U.S. assets follow the Texas Estates Code; Indian assets follow personal laws (Hindu, Muslim, etc.). This may cause unintended inheritance. Hence, working with a will lawyer Plano is critical.

Outlook: Planning Beyond Borders

With the digitalisation of Indian legal systems, changes in tax laws, and increasing NRI property disputes, estate planning must be future-ready. Plano estate planning lawyers now work hand-in-hand with Indian legal experts to ensure global harmony in asset transmission. For HNIs and global Indian families, this partnership is invaluable.

Conclusion

Estate planning for NRIs is no longer optional—it’s an urgent and essential process. From wills and trusts to tax optimisation and cross-border probate, Plano estate planning lawyers offer the customised support high-net-worth NRIs need. With both Indian and U.S. legal insight, they ensure that your wishes are respected, taxes are minimised, and your legacy is protected across generations.

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 Planning Lawyers in Plano Assisting NRIs with Tax Planning and Wealth Protection