Will Lawyer Texas Helping Indian-Origin Clients Prepare Internationally Sound Wills

For Indian-origin families, particularly NRIs and OCIs residing in Texas, preparing a legally robust and internationally valid will is not just a legal necessity—it’s an act of long-term protection for their loved ones and legacy. Whether you’re a High Net Worth Individual (HNI) with property in both India and the US or someone simply trying to streamline your affairs, hiring a specialised Will Lawyer Texas can provide peace of mind across two legal systems.

How a Will Lawyer Texas Helps NRIs Navigate Unique Estate Planning Challenges

For NRIs and OCIs living in Texas, estate planning goes far beyond drafting a basic will. With assets often split between India and the U.S., and differing legal systems in both countries, preparing an enforceable and tax-efficient estate plan can be overwhelming. A will lawyer Texas plays a crucial role in bridging these legal gaps—ensuring your will meets the requirements of the Texas Estates Code while also aligning with Indian succession laws like the Hindu Succession Act or Indian Succession Act. From managing dual-jurisdiction assets to drafting power of attorney Texas documents valid in both countries, a specialiaed lawyer offers Customised guidance to protect your legacy and minimise future legal disputes.

1. What Makes a Will Legally Valid in Texas?

Under the Texas Estates Code, a will must meet the following key requirements:

It must be in writing
Signed by the testator or someone acting under their direction
Signed by two credible witnesses aged 14 or older in the testator’s presence

Even though Texas recognises foreign wills, the probate process can become more complex and delayed if not aligned with state rules. A Texas will attorney ensures that your documents pass smoothly through local courts while remaining enforceable in India.

2. Navigating Indian Succession Laws: What NRIs Must Know

In India, succession law depends on your religion:

Hindus, Sikhs, Jains, Buddhists: Governed by the Hindu Succession Act, 1956
Muslims: Governed by Sharia law
Christians and Parsis: Covered under the Indian Succession Act, 1925

While India doesn’t impose inheritance tax, selling inherited property may trigger capital gains tax. Additionally, probate is mandatory in some Indian states like Maharashtra, West Bengal, and Tamil Nadu, especially if the will relates to immovable property situated there.

3. International Estate Planning: One Will or Two?

For NRIs and OCIs, a key question arises: Should you draft one will or two?

Two Separate Wills: One under Texas law for US assets, another for Indian assets under Indian law
Single Comprehensive Will: If carefully drafted to meet the formalities of both legal systems

An experienced will lawyer Texas can assess your estate and guide you on the most effective structure to avoid delays and conflicts.

4. The Role of Power of Attorney Texas for NRIs

A Power of Attorney Texas is a critical tool for NRIs managing Indian assets. It allows a trusted individual in India to:

Handle bank accounts
Sign property documents
Represent you in Indian legal proceedings

As per the Consulate General of India in Houston, an NRI POA need not be apostilled but must be notarised and attested at the consulate. A properly drafted power of attorney ensures smoother transactions and avoids litigation later.

5. Recent Legal Developments Impacting NRIs

Vineeta Sharma v. Rakesh Sharma (2020): The Supreme Court of India ruled that daughters, including NRIs and OCIs, have equal coparcenary rights in Hindu Undivided Family (HUF) property—regardless of marital status or place of residence.
Hindu Succession (Amendment) Bill, 2023 (Proposed): This proposes more inclusive provisions such as recognising non-remarried daughters-in-law as heirs.
Digital Assets in Wills: India currently lacks comprehensive provisions for digital assets. NRIs must include clauses in their wills for cryptocurrencies, online subscriptions, and digital vaults.

6. Why You Need a Specialised Texas Will Attorney

A general estate planner may overlook international considerations. A specialised will lawyer Texas ensures:

Legal validity in both Texas and India
Clarity in handling movable and immovable assets
Mitigation of capital gains and inheritance tax risks
Enforceable power of attorney Texas documentation
Handling ancillary probate in Texas, if needed

Most-Asked Questions by NRIs & OCIs

Q1. Do I need two wills for assets in Texas and India?

Yes, two separate wills are often safer. One for Indian property under Indian succession laws and one for US assets under Texas law.

Q2. What happens to my Indian property if I pass away in Texas without a will?

It will be governed by Indian personal law (e.g., Hindu Succession Act), which may not reflect your wishes. Drafting a separate Indian will is highly recommended.

Q3. Can my Indian family use a Power of Attorney to access my Texas assets after I die?

No. A Power of Attorney Texas becomes invalid upon death. Your will and the executor appointed therein will take over posthumously.

Q4. Does the Supreme Court judgment apply to me as an OCI daughter?

Yes. The 2020 judgment ensures equal property rights for daughters regardless of citizenship or residency status.

Q5. How should I include my digital assets in a cross-border will?

Create an inventory, appoint a digital executor, and include clear clauses in both your Indian and Texan wills. A Texas will attorney with international experience can guide you.

Looking Ahead: Secure Your Legacy with Confidence

Estate planning is more than just paperwork. It’s about legacy, dignity, and ensuring your family’s future is protected—no matter where your assets are. For NRIs and OCIs in Texas, planning ahead means combining deep legal expertise with compassion and cultural sensitivity.

By working with a will lawyer Texas, you ensure your wishes are honoured across jurisdictions, avoid family disputes, and handle probate and tax liabilities wisely. Tools like a power of attorney Texas and multi-jurisdictional wills are critical in this process.

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.

How a Will Lawyer in Texas Assists NRIs in Structuring Legally Sound Cross-Border Wills