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13 A Visa / Death of your spouse

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Bama
15 minutes ago, soupeod said:

What if you legally adopt the children and they are not your biological children. 

We have considered that as the wife has a couple of nieces that could be looked at.Question is ----whom can you be sure won't turn on you 20 years down the road. We have seen it several times before-----a little money can make people get real stupid real quick.

I realize that HS has just provided links that show the Philippine laws that are on the books. How any PH law is applied can differ just 2 barrios apart.As said previously---we are risk adverse and if the wife and I can pass on with all bills paid and a $20 bill in our hands it would be fine.Until then, our monies has to last the rest of lives as there is no where else to turn.So we are just going to have to figure this out.Will be seeing my lawyer tomorrow.

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Headshot
39 minutes ago, soupeod said:

What if you legally adopt the children and they are not your biological children. 

I believe that, under the law, legally adopted children are considered exactly the same as biological children.

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Bama
23 minutes ago, Headshot said:

I believe that, under the law, legally adopted children are considered exactly the same as biological children.

There was a case like this that came up with another family member who adopted a child while having a couple of their own. Both parents died and two of the siblings tried to take the adopted ones share. Didn't work out that way----judge deemed that all 3 were to share equally. They have been fighting among each over this ever since for over a decade now.

Edited by Bama
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30 minutes ago, trthebees said:

This inheritance situation is appalling. We are both moving into later age. No children.  We've helped the family a lot. there's only one sister left, but loads of her other sisters (plural) adult children. Would they have a claim? 

Since you and your wife have no children, the answer is, "Yes."  If the brothers and sisters have died, but have descendants, then those descendants would have a claim in lieu of their parents. Foreigners should be very cautious about buying property in the Philippines, as the inheritance situation is very tricky. Provided there are children, it is pretty straightforward, but without children, it becomes a mess.

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trthebees
4 minutes ago, Headshot said:

Since you and your wife have no children, the answer is, "Yes."  If the brothers and sisters have died, but have descendants, then those descendants would have a claim in lieu of their parents. Foreigners should be very cautious about buying property in the Philippines, as the inheritance situation is very tricky. Provided there are children, it is pretty straightforward, but without children, it becomes a mess.

Thanks for the reply....even if it's not what I wanted to hear!

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RogerDat

We have been thru this same series of questions several times here. Why dnot make it a permanent locked topic after it has been cleaned up.

What happened to that member who wrote BI about a dead spouse?

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1 minute ago, RogerDat said:

We have been thru this same series of questions several times here. Why dnot make it a permanent locked topic after it has been cleaned up.

What happened to that member who wrote BI about a dead spouse?

I think you mean a "pinned" topic, not a "locked" topic. Pinned topics stay around.

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RogerDat

But once the facts are posted, if you do not lock the topic also, the facts will be buried in all the discussions of why it aint so.

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Salty Dog

A person who takes legal advice from a stranger on the internet is often getting just what they paid for...:closedeyes:

 

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MickyG
10 hours ago, RogerDat said:

We have been thru this same series of questions several times here. Why dnot make it a permanent locked topic after it has been cleaned up.

What happened to that member who wrote BI about a dead spouse?

Still awaiting a reply

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1 hour ago, Salty Dog said:

A person who takes legal advice from a stranger on the internet is often getting just what they paid for...:closedeyes:

Taking online advice without checking it out is probably a bad idea, but online advice can get you pointed in the right direction to confirm the answers for yourself. There are a lot of foreigners have no idea what the laws are in the Philippines. Just getting pointed toward the right laws can be a big help. I can't count the number of times that advice on LinC Forums has helped me to live on Cebu without too many problems.

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Bama

An update of sorts.

My lawyer isn't available right now so I did some internet digging. A lot of ambiguity out there.

In an attempt to control who might inherit your estate you should consider having a will.The term testate is used when you do so. I'm quoting a source that explains this process.    http://philcritic.blogspot.com/2011/12/testate-and-intestate-division-of.html
 

Quote

 

The legitime is the portion of the estate to be given to the compulsory (automatic) heirs. 1/2 of the net estate goes to the compulsory heirs. The other half is called the Free Portion. The surviving spouse inherits from the free portion. What is left after all heirs, including the surviving spouse, get all their shares is called the disposable free portion. This disposable portion can be given by the testator to anybody. These are the shares:

If the survivor is:

1.) Legitimate children: 1/2 of the estate, divided among themselves in equal portions
2.) Legitimate parents: same
3.) Illegitimate parents: same
4.) Surviving spouse: same, but if the marriage was in articulo mortis 1/3 and 1/2 if living together with the deceased but celebrated the marriage in articulo mortis
5.) 1 legitimate child and the surviving spouse: 1/2 for the child and 1/4 for the spouse
6.) 2 or more legitimate children and surviving spouse: 1/2 to the children, to be divided equally and the spouse's share is equal to the share of 1 child
7.) 2 or more legitimate children, the surviving spouse and illegitimate children: 1/2 for the legitimate children (divided equally among them,) spouse gets a share equal to 1 legitimate child's and each illegitimate child gets a share of 1/2 of a legitimate child
8.) Legitimate parents and surviving spouse: parents get 1/2, spouse gets 1/4
9.) Illegitimate parents and surviving spouse: both get 1/4 each, illegitimate parents divide the 1/4 among themselves
10.) Surviving spouse and illegitimate children: both get 1/3 each, but illegitimate children divide the 1/3 among themselves
11.) Legitimate parents, illegitimate children and surviving spouse: parents get 1/2 (to be divided among themselves) spouse gets 1/8 and illegitimate children get 1/4 (also to be divided among themselves)

The remaining free portion after the division can be given by the testator to anybody. Collateral relatives (brothers, sisters, uncles, aunts, nephews and nieces) inherit only if there are no direct relatives. There is an entirely different rule for grandparents and grandchildren.

 

This is covered in Art 779 of the NCC which I can't find a breakdown of.It appears that to me that if you have no children and no surviving parents then the testator (the person that wrote the will) controls the other half of the estate with the other half going to the surviving spouse. Several sources mentioned that if a foreigner dies in the PI then the laws for estate accession from his home country apply.

Anyway here is my best advise---see your lawyer and  heed the Dogs warning.

On 12/7/2018 at 8:36 AM, Salty Dog said:

A person who takes legal advice from a stranger on the internet is often getting just what they paid for...

 

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Jawny

A foreign spouse will face the same/similar legal issues as a native Filipino will with regard to challenges to property inheritance. That is, if there are family members (or others) who wish to challenge the rights to inherit land and property, there may end up a court case.

Some of the land I live on is part of a larger estate.  To make it even more interesting, some of my property is on alienable and disposable land (not certain of the exact term). So, in the event of me having to face legal challenges with regard to an inheritance, I can expect to have many legal battles. 

The same land, owned by my FIL, has been part of a twenty or more year court case.  Some of the cousins to my wife have been battling the uncles over the "fairness" of the distribution of land by the grandparents, now long gone.  Many years after the land was distributed among the brothers, the descendants of one brother decided they’d been cheated (their father, also long gone). This lead to them filing a case which has not been resolved since the mid-nineties. 

Talking to a lawyer is important to get clarification.  Keep in mind, not all lawyers have a good background in property law.  I’ve had a couple of court cases and found a good property lawyer who helped a lot.  Before that, I had spoken with lawyers who really had no clue how to handle land disputes.  

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