Estate Attorney San Jose: Helping Indians & NRIs Protect Generational Wealth Across Borders

For Indian families and Non-Resident Indians (NRIs) living in San Jose, California, protecting generational wealth is a top priority. However, managing assets spread across two distinct legal systems — the U.S. and India — can be challenging. Engaging a specialised estate attorney San Jose is essential for HNIs, NRIs, and all Indian-origin clients who want to safeguard their wealth and ensure a smooth transfer to the next generation.

Why You Need an Estate Attorney San Jose: Protecting Your Assets, Family & Cross-Border Legacy

Hiring an expert estate planning attorney San Jose provides:

Holistic cross-border planning: A unified approach considering assets in the U.S. and India.
Tax-efficient strategies: Minimising U.S. estate and Indian capital gains taxes, leveraging tax treaties.
Cultural understanding: Sensitivity to Indian family dynamics and inheritance expectations.
Will and trust drafting: Legally enforceable documents in both jurisdictions.
FEMA and RBI compliance: Guidance on property transactions and repatriation.
Probate avoidance: Strategies to reduce delays and expenses for heirs.
Succession certificate support: Assistance obtaining necessary documents in India.

1. Why Cross-Border Estate Planning Matters for NRIs and Indian Families in the U.S.

Estate planning goes beyond drafting a simple will. It involves strategising asset distribution, minimising taxes, and honoring your wishes, especially when your assets exist in multiple countries. Ignoring cross-border complexities can lead to:

Complex probate procedures, costly and lengthy in both countries.
Risk of double taxation, where heirs may pay estate taxes in both the U.S. and India.
Family disputes due to unclear asset distribution.
Assets being passed according to default laws, not your intentions.
Difficulties repatriating funds or property inherited from India to the U.S.

An estate lawyer San Jose experienced in international estate planning helps you navigate these issues efficiently.

2. Key U.S. Estate Planning Tools for NRIs

In the U.S., estate planning requires comprehensive legal documents to manage assets and facilitate distribution upon death:

Wills: Specify how property is divided and appoint guardians for minors. In California, wills undergo probate.
Trusts: Revocable or irrevocable trusts can avoid probate, maintain privacy, protect beneficiaries (including minors and individuals with support needs), and reduce estate taxes. NRIs often set up trusts for U.S.-situs assets.
Powers of Attorney: Authorise trusted persons to make financial or healthcare decisions if you become incapacitated.
Beneficiary Designations: Ensure retirement accounts (401(k), IRAs) and life insurance policies have updated beneficiaries to bypass probate.

3. U.S. Estate Tax Considerations for NRIs

The U.S. estate tax applies to the fair market value of assets at death. For U.S. citizens and domiciliaries, worldwide assets are taxed, with a high exemption ($13+ million). However, NRIs on non-immigrant visas are subject to estate tax only on U.S.-based assets, with a low exemption of $60,000. These assets include:

Real estate in the U.S.
Tangible personal property in the U.S.
Stocks in U.S. companies (even if held outside the U.S.)

Your estate planning attorney San Jose can advise structuring assets—such as holding U.S. real estate through foreign corporations—to minimise tax exposure.

4. Indian Inheritance Laws & NRI Rights

India’s inheritance system is governed by personal laws and the Indian Succession Act, 1925:

Hindu Succession Act, 1956: For Hindus, Sikhs, Jains, and Buddhists, granting equal inheritance rights to sons and daughters.
Muslim Personal Law (Sharia): Predefined shares for heirs.
Indian Succession Act, 1925: Applies to Christians, Parsis, and others.
Foreign Exchange Management Act (FEMA): Regulates how NRIs acquire, hold, transfer property in India, and repatriate funds.

5. Important Points for NRIs

India abolished inheritance tax in 1985—inheritance itself is not taxed.
Capital gains tax applies if you sell inherited property, with TDS (Tax Deducted at Source) applicable.
NRIs can repatriate up to USD 1 million per financial year after tax clearance.
NRIs can inherit agricultural land but cannot generally purchase it; selling inherited agricultural land is typically limited to resident Indians.
Nominee designations in India differ from U.S. beneficiaries. Nominees hold assets in trust for legal heirs—highlighting the need for a clear will.

6. Recent Legal Updates for NRIs

Supreme Court rulings affirm that NRIs have equal inheritance rights as resident Indians, including rights over immovable and agricultural properties.
The ITAT Mumbai ruling (April 2025) provides potential zero capital gains tax on mutual funds inherited and sold in India for NRIs residing in countries with favorable DTAAs.
Increasing digitalisation of property records in India eases due diligence and estate planning for NRIs.

FAQs for NRIs and OCIs

Q1: Should I have separate wills for my U.S. and Indian assets?

A: Yes, separate wills help avoid legal conflicts and simplify probate in each country.

Q2: How can I claim inherited property in India if my parents passed without a will?

A: You’ll need legal help in India to obtain succession certificates and manage property mutations. A Power of Attorney and coordination with your estate lawyer San Jose are essential.

Q3: As a Green Card holder, am I liable for U.S. estate tax on Indian assets?

A: Yes, worldwide assets are taxable, but foreign tax credits and proper planning can reduce liabilities.

Q4: Can NRIs inherit and sell ancestral agricultural land in India?

A: NRIs can inherit but usually must sell to Indian residents. Capital gains tax and repatriation limits apply.

Q5: What’s the difference between a nominee in India and a beneficiary in the U.S.?

A: Nominees in India hold assets in trust for legal heirs, unlike direct U.S. beneficiaries. A proper will is critical in India.

Conclusion

For Indians and NRIs in San Jose, cross-border estate planning is a complex but vital task. A specialised estate planning attorney San Jose from LawCrust Legal Consulting ensures your wealth is protected, taxes are minimised, and your family’s future is secure. With deep expertise in both U.S. and Indian law, we help you navigate inheritance rights, draft effective wills and trusts, and manage compliance—making your legacy truly seamless.

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 Attorney San Jose: Protecting Generational Wealth for Indians & NRIs