New York Will Lawyer Helping NRIs Draft, Update & Execute Legally Valid Wills in the U.S.

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) with assets or family in the United States, planning for the future is both a responsibility and a challenge. Many NRIs and OCIs maintain strong ties to both India and the U.S., leading to unique complexities in estate planning. Ensuring your U.S.-based assets are distributed according to your wishes and that your family is protected requires meticulous planning and expert legal guidance. This is where a dedicated new york will lawyer becomes an essential ally.

New York Will Lawyer for Cross-Border Estate Planning

If you are an NRI or OCI, your estate plan must account for legal frameworks in both the United States and India. India does not currently impose inheritance tax, while the U.S. does and New York has its own estate tax thresholds and conditions. Without a valid U.S. will, your New York-based assets could be subject to intestacy laws, resulting in unintended consequences, legal delays, and substantial tax burdens.

A seasoned new york will lawyer offers customised guidance, helping NRIs and OCIs prepare U.S.-compliant wills that stand up to legal scrutiny. These legal professionals ensure that your testamentary wishes are respected while minimising complications for your heirs.

Services Offered by a New York Will Lawyer

Drafting Legally Valid Wills: Compliant with New York’s Estates, Powers and Trusts Law (EPTL) which includes requirements for age, mental capacity, signature, and witnesses.
Updating Existing Wills: Life changes such as marriage, divorce, or new assets require revisions to your will. A new york will lawyer ensures each update is clear and enforceable.
Executing Wills: Assisting with proper execution, including witness coordination and optional self-proving affidavits.
Cross-Border Integration: Ensuring your U.S. will aligns with your Indian estate documents to avoid conflicts or revocation.

Indian Estate Lawyer NYC: Customised Support for NRIs

An experienced Indian estate lawyer NYC understands the nuances of both U.S. and Indian succession laws. This dual expertise allows them to:

Advise on whether to maintain one global will or separate wills for India and the U.S.
Explain how Indian personal laws (Hindu, Muslim, Christian, Parsi) affect succession.
Ensure your Indian and U.S. estate plans do not contradict each other.
Guide on FEMA regulations and the USD 1 million repatriation limit for inherited Indian assets.

Legal and Tax Considerations for NRIs and OCIs

New York Estate Tax Planning

Non-resident NRIs with U.S.-based property may be subject to federal and state estate taxes. New York’s estate tax applies to estates above $7,160,000 (as of 2025), with a “cliff” provision eliminating exclusions if the value exceeds 105% of the threshold. Meanwhile, the federal exemption for non-residents is much lower around $60,000. Strategic planning with a new york will lawyer can help reduce tax liabilities through customised tools like trusts and planned gifting.

Indian Inheritance Laws and Recent Court Decisions

India does not currently impose estate duty or inheritance tax. However, heirs must pay capital gains tax when selling inherited property and report income from inherited assets.

Recent Indian court rulings have clarified and protected the rights of NRIs to inherit property. For example:

A May 2025 Delhi High Court case ruled in favour of an NRI who faced complications in a property sale due to a buyer’s procedural error.
In June 2025, the Supreme Court held that registered property documents alone do not determine ownership reinforcing the need for proper documentation, especially when dealing with wills and succession.

For properties in Indian metros like Mumbai or Kolkata, probate of wills is often mandatory under the Indian Succession Act, 1925.

Testamentary Documentation for NRIs

To ensure seamless estate execution in both jurisdictions, NRIs should prepare the following:

U.S. and Indian wills (separately customised to each jurisdiction)
Death certificate (for probate initiation)
Legal heir or succession certificate in India
U.S. probate orders or letters of administration
No Objection Certificate (NOC) from other Indian heirs, if applicable
Title deeds and asset inventories

Role of a Will Attorney NYC in Probate and Execution

A will attorney NYC not only helps draft and execute wills but also ensures your executor is guided through the probate process:

Validating the will in Surrogate’s Court
Handling asset distribution and debt payments
Minimising delays and disputes

For NRIs, having a local U.S. executor or granting Power of Attorney to a trusted Indian relative (recognised under Indian law) ensures smoother coordination across borders.

FAQs: Cross-Border Will Planning for NRIs and OCIs

1. What is the best way to manage assets in both India and the U.S.?

Create two separate wills one for India and one for the U.S. to ensure legal compliance and prevent accidental revocation.

2. Can a U.S. will cover Indian property?

Technically yes, but it must be probated in India, which can be complex. A separate Indian will is recommended.

3. What happens if I die without a U.S. will?

New York’s intestacy laws will determine asset distribution. This may not align with your intentions.

4. Can I appoint an executor based in India?

Yes, but they need to be legally empowered and may face logistical challenges unless coordinated with both jurisdictions.

5. How often should I update my will?

Every 3–5 years, or after significant life events (marriage, divorce, children, new assets).

The Outlook for Cross-Border Estate Planning

Estate planning is essential for global Indians. With assets, heirs, and obligations across borders, a new york will lawyer helps NRIs and OCIs create a comprehensive, legally sound estate plan that bridges jurisdictions with clarity.

Conclusion

A skilled new york will lawyer provides customised solutions for NRIs and OCIs looking to secure their legacy. From drafting compliant wills to managing complex probate procedures, these legal professionals ensure that your estate is handled according to your wishes. LawCrust Legal Consulting, with its deep experience in cross-border matters, is your ideal legal partner.

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.

Customised Will & Estate Services by Top New York Will Lawyer for Indian Citizens Abroad