Texas Estate Lawyer Guiding Indians in Succession Planning & Asset Protection

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), especially High Net Worth Individuals (HNIs) living in the USA, managing a globally dispersed estate requires specialised legal expertise. Estate planning is not just about drafting a will it’s about protecting a legacy that spans continents. With assets in both India and Texas, succession planning demands a strategic approach. A seasoned Texas estate lawyer can help Indian-origin families navigate the legal maze of wills, trusts, tax exposure, and asset protection across borders. Engaging a proficient Texas estate lawyer is not merely a legal formality; it’s a strategic imperative to ensure your legacy thrives across jurisdictions.

The Indispensable Role of a Texas Estate Lawyer in Cross-Border Wealth Management

The legal landscape governing inheritance and property rights in the US and India differs significantly. India operates under various personal laws based on religious affiliation such as the Hindu Succession Act, 1956, the Indian Succession Act, 1925, and Muslim personal law while Texas follows its own probate and property laws governed primarily by the Texas Estates Code.

A skilled Texas estate lawyer provides vital support in several ways:

Navigating U.S.-India Dual Jurisdictions Effectively

The legal frameworks governing inheritance in the U.S. and India differ significantly. India does not levy an inheritance tax but may impose capital gains tax on the sale of inherited assets. Meanwhile, the U.S. imposes a federal estate tax on estates exceeding USD 13.99 million in 2025, set to increase to USD 15 million in 2026 under the One Big Beautiful Bill Act.

Drafting Legally Sound Wills for Cross-Border Assets

For NRIs and OCIs, dual wills one for U.S.-based assets and another for Indian properties are often recommended. A Texas will attorney will draft a U.S. will that complements, not contradicts, your Indian will. This eliminates jurisdictional confusion, ensures quicker probate, and strengthens enforceability in both countries.

Establishing Strategic Trusts for Protection and Continuity

Trusts are powerful tools in estate planning for NRIs. Revocable living trusts allow seamless, probate-free asset transfer, while irrevocable trusts protect against lawsuits, estate tax, and creditor claims. For Indian assets, FEMA-compliant trusts may be required to ensure legal validity.

Power of Attorney and Guardianship Across Borders

Many NRIs appoint agents or family members in India to manage their affairs. A Power of Attorney (POA) executed in Texas can be legally valid in India if it is notarised and apostilled or consular-attested.

1. Recent Legal Developments Affecting NRIs

Hindu Succession (Amendment) Act, 2005 and Beyond
Daughters now enjoy equal rights in ancestral property. Recent Indian court rulings have reinforced this, even allowing NRIs to demand partition of ancestral property without being physically present, using a valid Power of Attorney.
Supreme Court Rulings on Gift Deeds and FEMA
A recent Indian Supreme Court judgment held that a gift deed executed by a foreign citizen for immovable property in India requires prior RBI permission. Without this, the transaction is void. NRIs must seek legal advice before gifting or receiving Indian property to avoid such invalidations.
FEMA and Repatriation Limits
NRIs may repatriate up to USD 1 million annually from the sale of inherited property in India, after paying taxes and filing Forms 15CA and 15CB. Agricultural land, plantation property, and farmhouses can be inherited but not purchased by NRIs. Often, inherited agricultural properties must be sold to Indian residents within a stipulated timeframe.
Tax Compliance and U.S. Estate Law Changes
The U.S. federal estate tax exemption is set to become permanent at USD 15 million per individual from 2026, adjusted for inflation. Estate plans should be updated accordingly, especially for HNIs. Lack of a U.S.-India estate tax treaty also makes it critical to optimise succession planning with legal guidance.

2. Common Pitfalls Faced by NRIs

Double Taxation Risk
The absence of a bilateral estate tax treaty between the U.S. and India can expose NRIs to tax in both countries unless planning is done carefully.
Unrecognised Foreign Wills
Texas probate courts may not accept wills that don’t meet U.S. formalities. Likewise, Indian courts may question the validity of foreign wills if improperly drafted. Dual wills customised to local legal requirements resolve this problem.
Digital Assets and New Challenges
Indian succession law still lacks clarity on digital asset inheritance, such as cryptocurrency, NFTs, or digital accounts. A Texas estate lawyer can help incorporate digital asset clauses into your U.S. estate plan.
Guardianship Conflicts
If both Indian and U.S. laws apply to a child’s guardianship, conflicts may arise unless legal documents are harmonised and updated.

3. Legal Instruments Essential for NRI Estate Planning

Dual Wills to avoid probate delays and jurisdictional disputes
Revocable Living Trusts for smooth asset transition without court proceedings
Irrevocable Trusts to reduce estate tax liability in the U.S.
Power of Attorney (POA) recognised in both jurisdictions through apostille or consular authentication
Transfer on Death (TOD) Deeds to simplify real estate succession in Texas
Succession Certificates or Probate Orders from Indian courts for asset transfer

Highly Asked FAQs for NRIs and OCIs

Q1: Do I need separate wills for my assets in Texas and India?

Yes, it is highly advisable to have dual wills for assets in different jurisdictions. This avoids delays and legal conflicts during probate.

Q2: What taxes apply if I inherit property in India?

There’s no inheritance tax in India. But rental income is taxable, and capital gains tax applies if the property is sold. Section 54 and Section 54EC exemptions may help mitigate capital gains.

Q3: Can my Power of Attorney created in Texas be used in India?

Yes, if it is notarised and apostilled or consularised. This POA enables your agent to act on your behalf in Indian legal and property matters.

Q4: Can I inherit agricultural land in India as an NRI?

Yes, but you generally cannot purchase agricultural land. If inherited, there may be conditions to sell it to an Indian resident within a time limit.

Q5: How can I repatriate funds from inherited property in India?

You can repatriate up to USD 1 million per financial year post-tax, after filing Form 15CA/15CB with a CA certificate. RBI approval is needed for higher amounts.

Our customised solutions ensure your global legacy is legally sound, culturally sensitive, and financially optimised.

Conclusion

For Indians residing in Texas, effective succession planning and asset protection require specialised cross-border legal expertise. A dedicated Texas estate lawyer helps you navigate complex tax codes, inheritance regulations, and trust structures across U.S. and Indian jurisdictions. Beyond documentation, they bring cultural understanding and strategic foresight to preserve your family’s wealth and values for generations to come.

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.

Top Services Offered by a Texas Estate Lawyer for NRIs and OCIs