Legal Question in Wills and Trusts in India

Hello, I'm an Indian American with a wife and child and all of us are US citizens now living in New Jersey. I'm looking to setup a living family trust in New Jersey and register all my assets under the joint trust with my wife. I own significant assets in India (mostly real estate). In order to have true peace of mind with this new trust I'm looking to setup in the US, as I understand, to avoid living or death probate as per US estate laws, I need to bring the assets in the US and India under this trust. If I don't, those assets which are outside my trust in New Jersey could be subject to probate. Does anyone have experience or know if it is possible to re-register assets in India under a living trust setup in the US? If yes, is it a simple process? and how does it work? Any insight is highly appreciated. Thanks.


Asked on 1/30/10, 2:41 pm

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to execute a separate trust in India for Indian assets. the US laws can not cover the properties situated in India.

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Answered on 1/31/10, 11:36 pm


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