Succession & Estate Law in the Philippines

[bigpearl]

31 minutes ago, mogo51 said:

Thanks Steve.

Some very valid points you make, many which I have considered, but it still does not unfog the thoughts that we all have when we are considering this path.

As you say, sooner or later we have to make the decision to put the toe in the water or not!

It seems to me Steve that you are far more on top of the legal situation in Phils, I really had not given it proper attention until entering this topic. Just glossed over it and absorbed bits and pieces.  

When I married my lovely (now ex) wife well over 30 years ago, finances and law were the least of our worries, food on the table and our relationship was where we were at then,,,,,,,22 years later and a lot of money, the divorce was amicable and we are still good friends,,,,,,,,, do it again? Absolutely not, too old or older and these days as you can tell by other posts I think about my future, our future yes but I am not at my age in a position to rebuild the security for the future.

Glossing over? I am sure I am doing that even now but do hope to have a good life in my/our retirement and try to avoid the pitfalls experienced by others with their knowledge and experience/s. Life is a bitch, regardless of country.

Cheers, Steve.

[Queenie O.]

On 4/11/2017 at 4:02 PM, jrlee183 said:

Steve, you dont need to make an appointment with a lawyer or anything like that.  I go into this in more detail in the webinar, but a 'Holographic Will' will suffice.  You can do this yourself without a lawyer.  Very easy. 

 Jrlee Do you think that you could possibly do a separate post on this kind of will relating to living permanently in the Philippines? I'm sure others would like to know more about it too.

My husband and I are legally married, and he is a dual citizen after spending many years and having worked in the US. We both will receive our own pensions, in fact his will be bigger than mine. We keep most of our assets US based, and none here that we couldn't afford to lose/share. We have a FilAm son living abroad, that would inherit anything first I think, that we trust completely. My husband's parents are both dead. If my husband should pass away before me, could I be forced by any of my husband's relatives to vacate this house (that my husband actually owns) before my demise? This estate stuff is very confusing to me, and I'm sure I'm not alone in feeling that. Any advice would be really appreciated.

Edited May 25, 2017 by Queenie O.

[jrlee183]

On 25/05/2017 at 4:27 PM, Queenie O. said:

 Jrlee Do you think that you could possibly do a separate post on this kind of will relating to living permanently in the Philippines? I'm sure others would like to know more about it too.

My husband and I are legally married, and he is a dual citizen after spending many years and having worked in the US. We both will receive our own pensions, in fact his will be bigger than mine. We keep most of our assets US based, and none here that we couldn't afford to lose/share. We have a FilAm son living abroad, that would inherit anything first I think, that we trust completely. My husband's parents are both dead. If my husband should pass away before me, could I be forced by any of my husband's relatives to vacate this house (that my husband actually owns) before my demise? This estate stuff is very confusing to me, and I'm sure I'm not alone in feeling that. Any advice would be really appreciated.

Hi Queenie,

Sorry for my delayed reply - been traveling all week!

So the main issue is the house, right? In that case, as both of your husbands parents have passed, you and your son are the compulsory heirs.  Other family members such as siblings, aunts and uncles only become compulsory heirs in the absence of direct ascendants/descendants.    HOWEVER, being a foreigner you are only entitled to inherit land if your husband dies intestate (i.e. without a Will).  However even if you inherited it this way then my understanding is that you can own it, but you cannot bequeath it to anyone after your death.  So in this case, as your only son is a Filipino Citizen he is automatically entitled to 50% of your husbands estate regardless.  You, as his wife, have an entitlement of 25% in his will (or 50% if he dies without a will), and the balance he can leave to anyone he chooses (including yourself).  If the property is your sole asset in the Will then he should leave the house to your son, and presumably your son would allow you to continue living in it.   If you have other assets, he could leave those to you providing it follows the forced heirship rules.

Regarding a Will - a holographic will is fine (basically a will written in your own handwriting, dated, signed and NOT witnessed).

Hope this helps.

Jamie

[jpbago]

On 5/25/2017 at 4:27 PM, Queenie O. said:

 If my husband should pass away before me,

If you are on a 13a, you then would have to go to the 9a, tourist visa, as you are no longer married. Unless, if you have a sideline in the bushes waiting for this opportunity.

An American here was married to a Filipina but when she passed on, her son took both the house and lot. The American eventually was returned to California destitute. His name was Jake.......no, just kidding about the name. It was Greg.

[Dave Hounddriver]

38 minutes ago, jrlee183 said:

So in this case, as your only son is a Filipino Citizen he is automatically entitled to 50% of your husbands estate regardless.  You, as his wife, have an entitlement of 25% in his will (or 50% if he dies without a will), and the balance he can leave to anyone he chooses (including yourself). 

This is what I was talking to Jack Peterson about. @Jack Peterson if we substitute for gender, does this not apply directly to you, as I suggested earlier?

"So in this case, as your (wife's) only son daughter is a Filipino Citizen he she is automatically entitled to 50% of your husbands wife's estate regardless.  You, as his wife her husband, have an entitlement of 25% in his her will (or 50% if she dies without a will), and the balance she can leave to anyone she chooses (including yourself).

All I am saying is to stay good friends with TM, Jack 

[robert k]

I wonder if I heard wrong? The children would be primary compulsory heirs with 50%? And when it came to the residue of the estate they would double dip and have a share in the other 50%?

[bigpearl]

55 minutes ago, jpbago said:

If you are on a 13a, you then would have to go to the 9a, tourist visa, as you are no longer married. Unless, if you have a sideline in the bushes waiting for this opportunity.

An American here was married to a Filipina but when she passed on, her son took both the house and lot. The American eventually was returned to California destitute. His name was Jake.......no, just kidding about the name. It was Greg.

Perhaps there is something to be said about SRRV, unless I jump the fence, marry and get a 13a visa, if the fit hits the shan then I go back to 9a.........This visa can be a pain, for me it has been and while suited to some myself included over the years, a situation I will be without when I finally move there. What's the relationship to this topic? Security and tenure. 

While I may still end up diddled at the end of the day I have at least tried to put myself in a position where I don't lose all, only some. Jamie's input has been invaluable to all, just hope the info keeps flowing. At the end of the day your Lawyer/attorney will be your best friend as Jamie said earlier. 

Cheers, Steve.

[Dave Hounddriver]

25 minutes ago, bigpearl said:

At the end of the day your Lawyer/attorney will be your best friend as Jamie said earlier. 

I found out the hard way that he is only your best friend if he thinks you have money.  Separate situation but I told my lawyer about a problem and informed him I live paycheck to paycheck and he told me to "go talk to the other people with an open mind"  which is lawyer talk for:  If you got no money you should not be expecting a lawyer to help you.  Take heed, those of us on a budget of $1,000 a month.

[Istvan Havetta]

My experience was somewhat different,I have 13/a visa since 2008.Being married to a filipina.She passed away in 2010.I came to live in the Phil in 2010 I needed to renew My 13/a in 2013.When i filled out the nesessary form.I was asked my marital status.I entered " Widower" I was told then ,that i need to apply for a new card,because my marital status has changed.I was charged about 13k for penalties,because i did not notify     them,whithin 3 days of her passing.I paid.I received the new 13/a card six weeks later.

[Queenie O.]

4 hours ago, jrlee183 said:

Hi Queenie,

Sorry for my delayed reply - been traveling all week!

So the main issue is the house, right? In that case, as both of your husbands parents have passed, you and your son are the compulsory heirs.  Other family members such as siblings, aunts and uncles only become compulsory heirs in the absence of direct ascendants/descendants.    HOWEVER, being a foreigner you are only entitled to inherit land if your husband dies intestate (i.e. without a Will).  However even if you inherited it this way then my understanding is that you can own it, but you cannot bequeath it to anyone after your death.  So in this case, as your only son is a Filipino Citizen he is automatically entitled to 50% of your husbands estate regardless.  You, as his wife, have an entitlement of 25% in his will (or 50% if he dies without a will), and the balance he can leave to anyone he chooses (including yourself).  If the property is your sole asset in the Will then he should leave the house to your son, and presumably your son would allow you to continue living in it.   If you have other assets, he could leave those to you providing it follows the forced heirship rules.

Regarding a Will - a holographic will is fine (basically a will written in your own handwriting, dated, signed and NOT witnessed).

Hope this helps.

Jamie

Thanks so much for getting back to me with help Jamie. I'm still a little confused  though--is it better then to have a will or not to have one in the long run for me? As you suggest, it is possible for my husband made a will and leave the whole house to our son, I trust that my son would not would kick me out as long as I lived.. Does that mean that he would own the house in total, and he could keep it and would not have to sell it off to divide among any possible siblings of my husband? (once the estate taxes are paid?)  As far as other assets like vehicles money etc. I would automatically own those if my husband left them to me in a will?