I've heard non-citizens only get a $60,000 estate tax exemption instead of $13 million. Is that true?

Yes. A US citizen or green card holder is covered up to about $13 million, but a non-citizen without a green card is covered for only $60,000 of US-sited assets, and everything above that can be taxed at up to 40%. If you hold meaningful US assets without a green card, this is usually the most urgent item on your estate plan.

I'm planning to move back to India (or already have). Does that change the estate tax exposure on my 401(k) or brokerage account?

Yes, and it is the part most people miss. Becoming a non-resident alien is what switches on the $60,000 limit and the 40% rate for the US accounts you leave behind, so your move is the trigger, not your age. We calculate the exposure before you go and plan what to reposition, keep, or restructure.

My spouse is a US citizen and I'm not. Do we only get $60,000 tax-free between us, or is there a way to protect more?

There is a way to protect more. The unlimited transfer between spouses that US couples rely on does not apply automatically when the receiving spouse is not a US citizen, which is where the $60,000 figure comes from. A QDOT trust restores that protection, so if someone told you it was a flat $60,000, that is not the full picture.

Does my US will, power of attorney, or health directive still work once I move back to India?

Not always in full. Documents executed in the US do not automatically carry the same effect once you live in India, and some need an India-side equivalent before they can be acted on. We review your will, power of attorney, and health directive and tell you what still holds and what needs an India counterpart.

Would buying term life insurance help cover or offset a future estate tax bill?

It can. A term policy sized to your estimated estate tax gives your family the cash to pay the bill, so they are not forced to sell assets to cover it. It is one lever rather than a standalone answer, so we look at it against your full financial picture before recommending any policy.

Can I gift money or assets to my spouse or kids now, instead of waiting, to reduce future estate tax exposure?

Often yes. Lifetime gifting can move value out of your exposed US estate before it is taxed at death, but the rules differ for a non-citizen spouse versus children, and timing matters. We work out how much you can gift, to whom, and in what order, as part of one plan rather than a one-off move.

I inherited money or property from a relative in India. What do I need to file with the IRS, and what happens if I'm late?

A foreign inheritance above $100,000 must be reported on IRS Form 3520, and missing it carries a penalty of 25% of the amount. Inherited Indian mutual funds usually add PFIC reporting on Form 8621, and any new foreign accounts can trigger an FBAR. If you are late, we help you choose between a simple amendment and the IRS streamlined program.

Estate & Inheritance Planning for US Based NRIs

Specialising inNRA Estate Tax, QDOT Trust Structuring, Non-Citizen Spouse Protection, GIFT City Structuring, IRS Form 3520, PFIC on Inherited Funds, Cross Border Wills, India Succession & Repatriation, Lifetime Gifting, Green Card Exit Tax

Two countries, two tax systems, one family to protect. We bring your US and India estate together under a single, clear plan.

Speak with our Cross Border Estate Expert

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Certified cross-border advisors

30+ years

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The problem

You built wealth in two countries.
But no single estate plan covers both.

For a non-citizen, or anyone moving back to India, that gap can cost your family up to 40% of what you built in the US.

The $60,000 estate tax trap

A non-citizen without a green card is covered for just $60,000, versus about $13 million for a citizen. Above that, 40% tax applies, and moving back to India is what triggers it.

Your family in India cannot reach your accounts

A beneficiary designation alone does not protect family who live abroad. They can be pulled into slow, costly US probate that is hard to run from India.

You inherited from India and do not know what to file

Inherit over $100,000 and you must file IRS Form 3520 or face a 25% penalty. Inherited Indian mutual funds usually add PFIC filings most people never hear about.

Where you are

Wherever you are in the process, we can help.

NRI estate planning rarely starts from zero. Most NRIs are already somewhere in the middle of it, often after a move back to India.

01 / 06

You are planning to move back to India

Why InvestMates

Finally, one team that covers both countries.

Cross border estate planning falls in the gap between two countries, and most advisors only work in one. We handle both sides together, so nothing slips through.

Calculate your exact US estate tax exposure, before or after you move
Protect a non-citizen spouse with a QDOT trust
Restructure your US assets to shrink your taxable estate
Handle India inheritance: Form 3520, PFIC, FBAR, and repatriation
Weigh term life insurance and lifetime gifting to cut the bill

InvestMates advisor helping NRI with estate and inheritance planning

What we cover

We cover every dimension of your cross border estate.

NRI cross-border estate planning advisors

Without a green card, your US assets face up to 40% estate tax above a $60,000 threshold, and moving back to India or giving up a green card is what triggers it. We calculate your exact exposure and advise on structures that reduce it, including repositioning into GIFT City funds where it fits.

A US will governs US assets, and an India bank nomination is not a will. We structure a QDOT trust so a non-citizen spouse keeps their protection, review your beneficiary designations for non-US family, and confirm whether your US will and power of attorney still work once you live in India.

Lifetime gifting to your children or family, and term life insurance sized to cover a future estate tax bill, are two of the clearest levers available. We look at them together against your full picture, so you are choosing a strategy rather than buying a product.

When you inherit from India, we handle the India-side succession and repatriation, prepare your IRS Form 3520, apply PFIC treatment to inherited mutual funds, manage FBAR, and help you decide between a simple amendment and the IRS streamlined program if you are catching up.

Your advisors

Meet the experts

Both advisors specialise in cross border financial, tax, estate, and inheritance planning for NRIs across the US and India.

CPA · Cross Border Estate and Tax Advisor

Krishnan Subramanian

CPA and Cross-Border Estate Advisor · 30+ years

For three decades, Krishnan has guided NRI clients through US tax and cross border estate structure. He advises on the non-citizen estate tax threshold, QDOT trusts, repositioning into GIFT City, PFIC, and Form 3520, including for NRIs moving back to India.

RIA · Investment Advisor

Shabrish Menon

Wealth & Investment Planning · 15+ years

When wealth passes between generations, Shabrish helps families invest and preserve it well. He builds long-term, goal-based strategies for inherited assets, keeping them aligned with each family's plans across the US and India. 15+ years advising professionals and executives inform every recommendation.

Why NRIs in the US come to InvestMates for estate and inheritance planning

We know both countries.

US estate attorneys know US law. Indian CAs know India succession. Our advisors hold US credentials, CPA and EA, plus real knowledge of India's FEMA and succession rules. One team, both sides, at once.

We start with your actual exposure, not a sales pitch.

We do not open by selling you a will or a trust. We start by showing what is actually exposed, usually a bigger number than you expect, so you can decide what to plan and how urgently.

We handle the India-side inheritance event end to end.

When a parent in India passes, the India-side list is long: succession certificate, property transfer, NRO closure, LRS repatriation, ITR filing. We handle all of it alongside the US reporting, so you are not juggling advisors across time zones.

When you need a trust drafted, we bring in our partner attorney.

A formal QDOT or trust must be drafted by a licensed estate attorney. You do not have to find one. We work with a partner attorney, brief them fully, and stay in the loop so nothing slips.

How a cross border estate engagement
with InvestMates works

Estate planning for NRIs is built step by step. Here is what each step delivers.

Free estate review call

You share your US and India assets, status, family, and any inheritance. No paperwork, just a conversation, and we tell you where the gaps are.

Full cross border asset map and plan design

We map your full estate across both countries, calculate your exposure, and hand you a clear action list of what to file, update, and reposition.

Your estate map

US estate tax exposureCalculated

Non-citizen spouse / QDOTReviewed

Beneficiary designationsReviewed

India succession positionIn progress

Form 3520 / PFIC on inherited fundsIn progress

Filing, implementation, and annual review

We handle the filings on schedule, coordinate any specialists, and review your plan each year so it stays current as things change.

Final outputs

IRS Form 3520 filed for foreign inheritances

PFIC / Form 8621 applied to inherited funds

QDOT and beneficiary designations in place

Asset repositioning plan documented

India succession documents in place

What clients say after working with us

Ganesh

Returned from the US

I had already moved back to Chennai when I found out my US brokerage and 401k were sitting above the $60,000 non-citizen limit, exposed to a 40% estate tax. My old US advisor never once mentioned it. InvestMates walked me through what to reposition and what to keep, and sorted the India side at the same time. I only wish I had spoken to them before I moved.

Rahul Srinivasan

Austin, Texas

I was about six months from moving back to India and thought I had everything covered. What I had completely missed was that becoming a non-resident alien would expose my US accounts to estate tax. InvestMates caught it before I left and gave me a clear plan for what to move and what to keep for my kids. Genuinely the most useful call I had in the whole process.

Nandini Kulkarni

San Jose, California

A lawyer had told my husband that because I am not a US citizen, I would only get $60,000 from his estate tax free. It frightened both of us. Krishnan explained that a QDOT trust changes that entirely and helped us set it up. What we thought was a dead end turned out to be a fixable structure, and the relief was immediate.

Shweta Iyer

Atlanta, Georgia

When I inherited my mother's mutual funds and an apartment in Kochi, I had no idea there were US filings attached. InvestMates handled the Form 3520, sorted out the PFIC reporting on the funds, and managed the repatriation from India. They dealt with both ends so I did not have to run between two sets of advisors through a hard time.

Pradeep Nair

Seattle, Washington

I had a US will and assumed I was done. InvestMates pointed out it did nothing for my flat in Kochi or my accounts in India, and that my power of attorney would not simply carry over once I moved back. Two sessions later I had a proper plan for both countries, with actual documents and next steps rather than just advice.

Questions we hear on every estate planning call

Need help with your estate plan?

Book a free call and get clear guidance on your US estate tax exposure, India succession, and cross border beneficiary structure.

Know exactly where your estate stands in both countries.

Whether you are staying, moving back, or already in India, your first call is free. We tell you upfront what is exposed and what needs to change.