Who owns the property when your dead

[stevewool]

Thanks everyone for your replies to my question, it’s good that you can get free good advice , lots to think about but like many have said rental is the way to go first , 

[hk blues]

8 hours ago, Old55 said:

Steve, respectfully and no offense intended. You have shared that Em's immediate family have a long history of greed and acting out. 

Renting offers little finical risk and affords flexibility as conditions may change. 

Your post pretty much dovetails with mine hence my bemusement that any poster with any knowledge of the the Philippines or Filipinos would suggest that you'll be fine as long as nobody raises an issue. That's as likely as me winning Mr Universe 2024.

[fillipino_wannabe]

It's messed up here, her parents or grandparents would get more or the same amount of her estate than you would if she doesn't have any kids.
Number 15 & 16 on this list:
https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/

Edited June 9 by fillipino_wannabe

[Viking]

On 6/9/2024 at 8:13 AM, craftbeerlover said:

Not true, I personally know an individual that this has happened to... He explained it to me before, but I forgot the details.   I can ask him, but I know for sure he did not have to sell the house, he did not sell the house, and he still lives in the house.   His wife's daughter will get the house when he passes. 

Thanks.

There is a lot of people talking like they "know" everything, and the biggest problem is finding out who is telling the truth and who just think they are right ?? Please understand that this isn't directed to you.

I'm still wondering if there is any difference how these things are handled depending on if the wife is a Philippine citizen OR a former Philippine citizen? 

Talking to a lawyer is probably the safest bet.

[Viking]

On 6/9/2024 at 12:22 AM, JJReyes said:

I researched this topic a while back and the laws could have changed.  As a former Filipino who owned land in the Philippines before changing my citizenship, I can pass the properties to my children through my estate even if they are both born in the United States and are American citizens.  However, they are required to sell the properties within a reasonable amount of time and retain the proceeds after payment of Philippine estate taxes.  My wife cannot inherit.

Therefore, Emma, as a natural born Filipina, can bequeath the property to the children.  The lawyer was not clear how much time they are given to sell because of the extensions.  It sounded like they could take their sweet time provided no-one comes forward to contest ownership.  

So if I understood this right, there is a difference how this works depending on if you are a Philippine citizen OR a former Philippine citizen?

[Viking]

On 6/9/2024 at 2:19 PM, fillipino_wannabe said:

It's messed up here, her parents or grandparents would get more or the same amount of her estate than you would if she doesn't have any kids.
Number 15 & 16 on this list:
https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/

Yes, their inheritance laws is really different from my home country. 

[craftbeerlover]

4 hours ago, Viking said:

I'm still wondering if there is any difference how these things are handled depending on if the wife is a Philippine citizen OR a former Philippine citizen? 

i moved away and do not see this particular friend anymore, I am still in contact with him on Viber, but I have not asked him about the details yet.   His wife was a Philippines Citizen though, and if I remember correctly, this was all worked out when they built the house.

[hk blues]

13 hours ago, Viking said:

There is a lot of people talking like they "know" everything, and the biggest problem is finding out who is telling the truth and who just think they are right ??

Unfortunately, what you've described is commonplace not only on this forum but in the country in general.  

Partly because there is always a degree of flexibility, room to manoeuvre etc in the actual application of laws and as such two or more different outcomes are possible from the same scenario.  

[Viking]

7 minutes ago, hk blues said:

Unfortunately, what you've described is commonplace not only on this forum but in the country in general.  

Not only in forums and in the Philippines, I think it is common everywhere.

[spaul]

Not to open a can of worms but.. then there's the whole potential problem with Land Titles. For instance, we do not have Title to the house/land we bought, we only have a Proof of Purchase which according to the lawyer is sufficient. I say "we" but I mean my wife since I can't own the property. There are five people on the original Title because it is a 4800 sq/m piece of property that was divvied up between them. They are all trying to get their own individual Title for their piece of property and they are still waiting. It's probably going to be a while. We bought the house and 300 sq/m of land from one of the owners on the original title. Long story short, we will start the process of getting the Title for our property once the owner has his. Once my wife has the Title in her name, I will feel more secure in knowing that our children will inherit the house and land without issue (they are dual citizens) unless of course they are still minors. We could be waiting a long time to get a Title but that's ok, the kids are still young.