VIJAYAKUMAR (Engg) 13 February 2020

International law for inheritance

Need your help for the below case.

Last year January 2019, My cousin (Indian Citizen) passed away here (Hillsboro, Oregon, Washington county) in the USA , and his settlement from the employer's insurance company given to her wife (Indian Citizen), she lives here in the USA with Green Card and they both have one 4 year old child. We still have some settlement amount coming from an auto insurance company, bank saving account and Stocks are pending to collect, We need to do a Probate, US Estate document from the USA court to claim these amount.

The issue we have now is, her wife doesn't give any support for my cousin's parents financially who's living in Chennai, Tamilnadu.

Since, my cousin is an Indian citizen, Is there any possibilities for their parents to claim some of the USA settlement amount from India though Indian court order with the embassy? As per India law 1/3 of his assets allowed for his mother.

I would appreciate if you could share your insight on this case and where to approach.

Thanks

Vijay

480-395-3018

ursvijayv@gmail.com

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5 Replies

Real Soul.... (LEGAL) 13 February 2020

that is really not going to work at all, since the policies under which your cousin was coverd are governed by US laws,besides depends upon the niominations made by your cousin; however you can approach socailly legally it will be wastage of time and funds.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 February 2020

1. Your Cousin's parents can claim EQUAL share in the properties located in India, BUT will not be able to claim any share for any proceeds received by Cousin's Wife under USA laws, by filing proceedings in Indian Courts or thru USA courts, more so specifically since Cousin was a USA citizen and not an Indian Citizen.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 13 February 2020

Whether your Cousin passed away in-testate? If he had left a Will, and in that Will, he left any of his estates to his parents, it is possible. Otherwise, it is a long shot and the attempt itself takes decades, which due to the efflux of time is a waste of time, money and effort. The only way is through a family settlement where the elders can prevail upon the wife of the deceased to spare some amount to her inlaws.

Dr J C Vashista (Advocate) 14 February 2020

As per Indian laws parents have an equal share in the estate / claim of their deceased son, which may differ in US.

It is better to settle the issue amicably.

Dr J C Vashista (Advocate) 14 February 2020

It is advisable to consult and engage a prudent lawyer having expertise with Indian and US laws on the subject with relevant document for appreciation of facts, professional guidance and necessary proceeding