How to choose an estate planning attorney for families with assets in the US and India

What an estate planning attorney actually handles

Many people confuse estate planning attorneys with probate attorneys or financial planners. They’re different roles. An estate planning attorney, sometimes called a wills and trusts attorney or trusts and estates lawyer, prepares the legal documents that determine what happens to your assets and who makes decisions for you, both before and after your death. A probate attorney, by contrast, helps administer an estate after someone has already died. A financial planner advises on investments. None of those is the same job.

A complete estate plan typically includes four foundational documents. A revocable living trust lets your assets transfer to heirs without going through probate court, once the trust is properly funded. A last will and testament directs who receives any assets not held in the trust and names guardians for minor children. A durable power of attorney designates someone to manage your finances if you’re incapacitated. A healthcare directive tells doctors and family members what medical decisions to make if you can’t speak for yourself. Each document covers a different scenario. Many complete plans include all four, and a trust is especially useful for larger estates, real estate, and cross-border assets.

A general practice lawyer can draft a will. That’s not the same as designing a coordinated estate plan. Estate planning attorneys focus on how assets are titled, how beneficiaries are designated, how trusts are funded, and how all the documents work together as a system. Someone who handles contracts or real estate closings on the side isn’t necessarily thinking about those connections. That gap matters when your estate is complex.

Why families with US and Indian assets need a different kind of estate planning attorney

Dual-asset families face dual legal systems. Most US-trained estate planning attorneys practice exclusively under US law and may have limited familiarity with Indian succession rules or FEMA (the Foreign Exchange Management Act, which governs how NRIs hold and move money and property in India). Here’s what that looks like in practice. A Bay Area family owns a home in San Ramon, retirement accounts and bank assets in California, and also holds ancestral property and NRO/NRE accounts in India. A standard US estate plan covers the California assets. But Indian succession law governs the Indian property separately, and a US trust or will has no authority over those assets unless they’re specifically addressed. This creates parallel probate situations, family conflict, and delays that can last years.

Which Indian law applies depends on the family’s religion and on whether there is a valid will:

• ·Hindus, Buddhists, Jains, and Sikhs: the Hindu Succession Act generally governs inheritance when there is no will, while wills are generally governed by the Indian Succession Act, 1925.
• ·Christians and Parsis: the Indian Succession Act generally governs both wills and inheritance without a will.
• ·Muslims: Muslim personal law applies, including fixed inheritance shares and limits on what can be left by will.

Rules can also vary by state and by the type of asset, which is why Indian property should always be reviewed by Indian counsel.

A qualified attorney needs to understand how to structure the US-side plan so it accounts for the Indian assets in coordination, even if a separate Indian legal professional ultimately handles the India side. That means thinking through real questions: Can a California power of attorney be used in India? How should Indian property be referenced in the trust? Are there gift or inheritance tax implications on transfers from India to a US heir? These aren’t hypothetical edge cases. They come up frequently for NRI families across the Bay Area and beyond.

One of the most common mistakes NRI families make is relying on a single global will and assuming it will be accepted cleanly by Indian banks and registries. It often won’t. A will signed in the US can sometimes be used in India if it meets Indian execution requirements, but banks and registries frequently push back, and the will may still need probate or a succession certificate in India. Indian property typically requires its own succession process, regardless of what the US documents say. Many cross-border families address this by signing a separate India-specific will, drafted with Indian counsel and coordinated with the US plan so the two documents don’t conflict or accidentally revoke each other. The families who avoid costly delays are the ones who plan for both sides before either parent passes, not after.

Cross-border tax points to raise with your advisors

Tax is where dual-asset planning gets technical, so bring these topics to your attorney and a cross-border tax professional. As general context: India does not currently levy an inheritance tax, and gifts from relatives are generally exempt from Indian income tax. On the US side, US persons who receive gifts or inheritances from foreign individuals above $100,000 in a year generally must report them on IRS Form 3520, and Indian bank accounts may trigger FBAR and FATCA reporting. US citizens and domiciliaries are subject to US estate tax on worldwide assets above the federal exemption. If one spouse is not a US citizen, the unlimited marital deduction is restricted unless a qualified domestic trust (QDOT) is used. Under FEMA, NRIs are generally limited in how much inherited or NRO funds they can repatriate from India each financial year. Rules and thresholds change, so confirm current figures before acting.

Vetting an estate planning attorney: credentials checklist

Start with the basics. Verify the attorney has an active state bar license and is in good standing. Disciplinary history is publicly searchable through your state bar’s website; in California, use the State Bar of California attorney search. Look for any suspensions, complaints, or reprimands.

Then look at depth of experience. Not every good estate planning law firm or solo practitioner holds every certification, but bar status and focused estate planning experience are non-negotiable. In California, the State Bar’s Board of Legal Specialization certifies estate planning specialists, and advanced credentials like the AEP (Accredited Estate Planner) or an LL.M. in Taxation signal a deeper commitment to the field, especially if tax-heavy planning is part of your situation. For NRI families, also ask whether the attorney or firm has worked with elder law considerations and cross-border succession before. This is a narrower specialty than general estate planning.

Bring these questions to your first consultation:

• ·Have you worked with NRI families or clients with assets in India before?
• ·How do you handle assets that fall under foreign succession law?
• ·What documents do you recommend for my specific family situation?
• ·Do you coordinate with Indian legal professionals when needed?
• ·How do you charge, and what’s included in the fee?
• ·What happens after the documents are signed, specifically trust funding and beneficiary updates?

Watch for red flags. An attorney who dismisses the Indian asset question, promises to “handle everything” without explaining how, or offers only a basic will for a Bay Area family with a home and retirement accounts is not the right fit. Vague fee answers are also a warning sign. A credible attorney gives you a clear fee structure upfront, not after you’ve already committed to working together.

Timelines, fee structure, and what to bring to your first meeting

Most estate planning attorneys work on flat fees for standard plans, while complex situations like business succession or multi-jurisdiction planning are more often billed hourly. What you pay depends on the complexity of your family and assets, the attorney’s experience, and where you live. Cross-border work can add to the scope, since analyzing Indian assets, FEMA implications, and coordination with India-based counsel all take additional time.

Ask for a written fee structure before you engage. It should spell out what’s included, whether trust funding and coordination with Indian counsel are covered, and what would trigger any additional charges. That way there are no surprises.

A standard will can be drafted and signed within one to four weeks. A trust-based plan typically takes four to eight weeks. Cross-border planning with Indian assets can extend that timeline, especially if asset inventories need to be compiled or if coordination with Indian legal professionals is required. The time investment is worth it. A plan done right doesn’t need to be redone in a year because something was missed.

Bring these documents to your first consultation so the attorney can assess your full picture:

• ·Existing estate documents: prior wills, trusts, powers of attorney
• ·A list of US assets: real estate, bank accounts, retirement accounts, brokerage accounts, life insurance
• ·A list of Indian assets: property records, NRO/NRE account information, fixed deposits, investments
• ·Names and contact information for your executor, trustee, guardian, and healthcare agent
• ·Any divorce papers, custody arrangements, or business agreements that could affect the plan

Where Gale Ranch Will & Trust fits in

Gale Ranch Will & Trust is not a law firm, and Govind Gopal is not an attorney. He is a California Legal Document Assistant (Contra Costa County Reg. No. 247) and a notary public. We do not provide the attorney services described in this article, and we do not advise on Indian law, FEMA, cross-border structuring, or taxes.

What we do: for people representing themselves, we prepare California documents they select — such as a living trust, will, power of attorney, advance health care directive, or deed — at their specific direction, in English, Hindi, or Tamil. We can notarize signatures and assist with recording as directed.

A California revocable trust generally cannot by itself change title to Indian real estate; separate steps under Indian law, usually with India-based counsel, are typically required. If you want advice on your plan, we can refer you to qualified US and Indian attorneys and tax professionals.

Quick answers to questions most families ask first

Does a US will cover my property in India?

Not on its own. A US will governs assets that fall under US jurisdiction. Indian property is subject to Indian succession law, which depends on your religion, the location of the property, and whether you have a valid will. A will signed in the US can sometimes be used for Indian assets if it meets Indian execution requirements, but banks and registries often resist foreign wills, and probate or a succession certificate may still be needed in India. For this reason, many cross-border families also sign a separate India-specific will, drafted with Indian counsel and coordinated with the US plan so the two don’t conflict. A coordinated cross-border estate plan addresses both sides but typically requires separate legal action in India.

Do I need a trust if I already have a will?

That depends on your situation and is a question for your attorney. As general information, a will may need to go through California probate court, which is public and can be time-consuming and costly. California has simplified procedures for some smaller estates, with limits that depend on the type of property and the date of death — including a newer procedure for some primary residences valued up to $750,000. The California Courts Self-Help Guide lists the current limits. Assets properly transferred into a revocable living trust generally pass without probate. Many people have both, since a pour-over will can direct assets left outside the trust into it. See our guide to dying without a will in California for how probate works in practice.

Can I do this virtually, or do I need to meet in person?

Many attorneys offer virtual meetings for planning. Signing, witnessing, and notarization may require in-person steps depending on the document and your state. Ask the attorney you are considering how they handle each step.

How often should I update my estate plan?

Review your plan after any major life change: marriage, divorce, the birth of a child, the death of a beneficiary, a significant change in assets, or a move to a new state. As a general guideline, most estate planning professionals recommend reviewing your plan at least every three to five years even without a triggering event, since tax laws and family circumstances shift over time.

Finding the right estate planning attorney: a quick checklist

Before you book a consultation, confirm the attorney:

• ·holds an active state bar license with no disciplinary history;
• ·focuses primarily on estate planning rather than dabbling in it alongside other practice areas;
• ·has direct experience with NRI families or cross-border asset planning;
• ·provides a clear, written fee structure before you engage; and
• ·can explain specifically how they handle the Indian asset side of the plan, including when and how they coordinate with India-based legal counsel.

The right attorney covers your whole estate, not just the easy half

Families with assets in two countries face real planning gaps that a generalist attorney often misses. The right estate planning attorney understands dual jurisdiction, asks the right questions about your Indian holdings, and designs a plan that covers your full estate. That kind of planning requires both legal expertise and genuine familiarity with cross-border succession realities. Most attorneys have one. Fewer have both.

This article is general information, not legal or tax advice. Laws change, and Indian property matters require Indian counsel. Consult a licensed attorney and a tax professional about your situation.