A Seldom Discussed Conjugal Topic; Inheriting

Recommended Posts

mogo51
Posted
Posted

Sounds like a minefield, something that I had not thought about.

Link to comment
Share on other sites

Dave Hounddriver
Posted
Posted
That's crazy.

 

That was my first thought too.  Then I realized that we are actually married by Canadian Law (living in a conjugal relationship for 2 years 'makes' you married for the purposes of Immigration, Taxation, and most other things except government pensions).  So I felt she is entitled to her own money for a variety of reasons.  Perhaps the main reason is it makes me feel good so that's not so crazy.

 

When something happens that I am dead or incapacitated then she has enough to take care of herself and hopefully me.  If she runs off with the cash in the bank then its actually a cheap way to find out she is not the lady I thought she was.  This way there is no restriction on the money like there is in a joint account.

 

I think, (rhymes with stink as I am about to post a personal opinion here  :hystery:  ) that an expat has to continually evaluate how much he has at risk in the event of his partners untimely death or 'departure' and keep that amount to a level that would not destroy him financially if the worst happens.  I think that there are many options as discussed in this thread but there are no perfect solutions.  That is why we discuss it here, to get the solution that works best for each of us.

  • Like 2
Link to comment
Share on other sites

MikeB
Posted
Posted

My "That's crazy" comment was in reference to the bank manager's advice about getting married and the will and all that to have access to a bank account. I think we're talking about a relatively small amount of money for emergency stuff, right? Anyone who voluntarily get's involved with the local judicial system over something like that is going to be in for a long and frustrating experience. I subscribe to the KISS principle - "Keep it simple stupid".

  • Like 3
Link to comment
Share on other sites

jpbago
Posted
Posted
 Then I realized that we are actually married by Canadian Law (living in a conjugal relationship for 2 years 'makes' you married for the purposes of Immigration, Taxation, and most other things except government pensions)

 

   Conjugal means nothing for Taxation unless she has Permanent Resident Status or Confirmation of PRS. I tried to get a Social Insurance Number for her after being together for 4 years but could not hence I cannot claim spouse or dependent deductions.

Link to comment
Share on other sites

Dave Hounddriver
Posted
Posted
I tried to get a Social Insurance Number for her after being together for 4 years but could not hence I cannot claim spouse or dependent deductions.

 

No need for a S.I.N.  I claimed spouse deduction and told them where she lived and explained our situation.  Just cannot claim child benefits if the child does not live in country.  You need to research

 

Non-Resident Spouse

http://www.taxtips.ca/filing/spousal-amount-tax-credit.htm

  • Like 1
Link to comment
Share on other sites

kalibojerry
Posted
Posted (edited)

timestamp="1454060465"]

I have a question if my sweetheart passes on then everything will go to her father the question her father has a new live in wife they have 2 girls 14 and 8 now if the father passes does the wife get the house she does have an older sister

I have a question if my sweetheart passes on then everything will go to her father the question her father has a new live in wife they have 2 girls 14 and 8 now if the father passes does the wife get the house she does have an older sister

I have a question if my sweetheart passes on then everything will go to her father the question her father has a new live in wife they have 2 girls 14 and 8 now if the father passes does the wife get the house she does have an older sister
Edited by kalibojerry
Link to comment
Share on other sites

Dave Hounddriver
Posted
Posted (edited)
if the father passes

 

The bank manager mentioned to me that her siblings would be next in line.  I did not go into details.

Edited by Dave Hounddriver
Link to comment
Share on other sites

Methersgate
Posted
Posted

Just as a side note, inheritance customs vary from one province to another. K's father is Ilonggo so she will inherit the family home simply because she is the youngest daughter (just the house - the land goes to the eldest son). This seems weird, but I presume the old custom was that the youngest daughter would remain single and live with the parents and care for them into old age. Which, in K's case, she has not done... 

Link to comment
Share on other sites

fred
Posted
Posted (edited)

The text below is really about land inheritance but as you lot are talking about cash in the bank,let me tell you,it makes no difference..

Also dont forget..Estate taxes can be up to 20%!!

Best advise I can give in regards cash in the bank is make it a joint acc. with ATM cards for both acc holders.. The day she dies,get the lot out!!

 

Anyway...The text I promised you..(in case you didn't know)

 

 

 

Certain parts of the estate of a deceased Filipino citizen cannot be freely disposed of via will because Philippines law reserves them for the “compulsory heirs”.  The “compulsory heirs” are classified as:

  • Primary – legitimate children and/or descendants
  • Secondary – legitimate parents and/or descendants; illegitimate parents
  • Concurring – surviving spouse; illegitimate children and/or descendants
Edited by fred
  • Like 1
Link to comment
Share on other sites

luke
Posted
Posted (edited)

It's better to convince the parents (in laws) to divide the estate BEFORE they pass away.

There is nothing to squabble about. 

My previous Filipina did this with an estate in southern Mindanao..

My elderly mother in Europe did this (we are 5 brothers).

Edited by luke
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...