Q: Distribution of Bangladeshi property and bank accounts for US citizen father's estate with minor US citizen children involved.
My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been initiated in the US. What law will govern the distribution of his properties and bank accounts in Bangladesh among his children? Can a US court order be applied or enforced in Bangladesh to distribute these assets per US law, or will Bangladeshi law, such as Hindu law, be applied? Do we need to open a case in Bangladesh for the Bangladeshi property?
A: If the property is in Bangladesh, you need a Bangladeshi lawyer to advise how the U.S. probate orders will be received in Bangladesh under Bangladeshi law.
A: His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.
A:
When a person owns property in Bangladesh but dies as a U.S. citizen, Bangladeshi law typically governs immovable assets (land and real estate) located within Bangladesh's borders. This follows the legal principle of "lex situs," meaning the law of the location where property exists takes precedence regardless of the deceased's citizenship. For bank accounts in Bangladesh, similar principles often apply, though they may sometimes be treated differently as movable property.
U.S. court orders concerning inheritance are not automatically recognized or enforced in Bangladesh. The Bangladeshi legal system would typically apply its own inheritance laws, which could include religious personal laws depending on your father's religious affiliation. If your father was Hindu by background, Bangladesh might apply Hindu succession laws to his assets located there, even though he became a U.S. citizen.
You will likely need to initiate separate legal proceedings in Bangladesh to properly distribute the Bangladeshi assets. I recommend consulting with a lawyer experienced in both U.S. and Bangladeshi inheritance matters who can help navigate this complex situation. The fact that minor children are involved adds another layer of complexity, as Bangladesh may have specific provisions for protecting the inheritance rights of minors that differ from U.S. protections.
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