• How to claim properties in US

My mother's brother is a green card holder in US. He has a wife and kids but he was in separation from his wife and kids for 2 years. He has written all his properties in my mother's name. He came to India to take my mother to US. But unfortunately he died due to critical health problems when he was in India itself. 

I have all necessary documents. But my mom never visited US before. How can she claim the property in US which his brother written in her name.
Asked 9 years ago in Property Law
Religion: Christian

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7 Answers

1)you have stated that all properties have been written by brother in mother name ?

2)has your brother executed a gift deed ?

3) or brother has made a will bequeathing properties to his mother?

4) kindly clarify

5) your mother has to contact local lawyer in USA in this regard

Ajay Sethi
Advocate, Mumbai
99997 Answers
8163 Consultations

Inheritance to the US properties will be in accordance with the US law. You should consult a US lawyer to know the procedure to be followed to get the possession of the properties which have been bequeathed to you.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

If the properties bequeathed by your uncle are lying in India then your mother will have to apply for Probate in India.

If those are in USA you have to apply as per USA laws.

Meet USA lawyer as their succession law is different from us.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

1) you can contact US lawyer from India

2) you can search in various legal websites for lawyers in USA

Ajay Sethi
Advocate, Mumbai
99997 Answers
8163 Consultations

you have to hire a US advocate because this writing is admissible in usa and also executable in usa so proper jurisdiction is vested in US court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You can find contact details of a US lawyer and contact him from India.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Hi

if you have a will written by your uncle for the properties held by him in USA, then you should get the will probated in USA only.

You will need the copy of his death certificate, the Will(Original), the residence address, proof of identity of your mother and her brother to initiate proceedings.

We can help you contacting the lawyer in USA and also help you in completing the formalities pertaining to probate of will and transfer of properties in your mother's name thereof.

Your mother will be required to attend the court in USA three times for giving evidence.

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

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