Baltimore, MD asked in International Law for Maryland

Q: If a US citizen dies in the country of origin, can US citizen children claim the property in that country, Bangladesh ?

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2 Lawyer Answers
Arslan Abid
Arslan Abid
  • International Law Lawyer
  • Karachi

A: Yes, when a US citizen passes away in their country of origin, their children may have rights to their property. However, while the parent is alive, only minor children may seek maintenance for their basic needs and expenses.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • International Law Lawyer
  • Sacramento, CA

A: The ability of a U.S. citizen to inherit property in Bangladesh from a deceased parent who was a citizen of Bangladesh depends on several factors, including Bangladeshi inheritance laws and the specific circumstances of the case. Here are a few key points to consider:

1. Bangladeshi inheritance laws: Bangladesh follows a mix of Islamic law (for Muslims) and civil law (for non-Muslims) in matters of inheritance. The applicable laws may vary based on the religion of the deceased and the heirs.

2. Dual citizenship: Bangladesh generally does not recognize dual citizenship. If the deceased parent was a Bangladeshi citizen and the U.S. citizen children have not renounced their Bangladeshi citizenship, they may be considered Bangladeshi citizens under local law, which could affect their inheritance rights.

3. Presence of a will: If the deceased parent left a valid will in Bangladesh, the distribution of their property would typically be carried out according to the terms of the will, subject to any mandatory provisions of Bangladeshi law.

4. Intestate succession: If there is no valid will, the distribution of the deceased's property would be governed by the applicable intestate succession laws in Bangladesh, which may differ from U.S. intestate succession laws.

5. International treaties: There is no comprehensive bilateral treaty between the United States and Bangladesh governing inheritance matters, so Bangladeshi laws will generally apply to the inheritance of property located in Bangladesh.

To ensure a thorough understanding of their rights and the best course of action, U.S. citizen children in this situation should consult with a lawyer who is well-versed in both U.S. and Bangladeshi inheritance laws. They may also seek assistance from the U.S. Embassy or Consulate in Bangladesh for guidance on navigating the local legal system.

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