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Boss Ross

Estate Laws and Wills

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Boss Ross

Hello Everyone,

 

Married filipino couple own portions of land. They have several children. Children are all adults, some married. Family home on a large plot, big enough to have the large family home and 3 smaller homes on it. One daughter and her family live in one of the smaller homes. Father dies and leaves a will that divides up all his land except the family house plot. Each child gets what is considered a fair share of the land. The will does not give the family house and plot to anyone. By filipino law does the wife/mother now own this piece of land? Can you tell me what you believe to be the answer and where to find the law on this please?

 

American husband and filipino wife live here on land the wife owns, no children. If the wife dies, who then owns the house and land? Thought I heard/read the wife needs to have a will giving the land and house to the american husband?

 

I know this forum is for GENERAL info but I could not find any other forum that seemed the correct one. If I am in the wrong place, forgive me please. 

 

Thanks in advance for all answers to these topics. It would be helpful if we can stay on topic.

 

Ross Best

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Paul

It would be helpful if we can stay on topic.

 

Yes, let's.

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Paul

Married filipino couple own portions of land. They have several children. Children are all adults, some married. Family home on a large plot, big enough to have the large family home and 3 smaller homes on it. One daughter and her family live in one of the smaller homes. Father dies and leaves a will that divides up all his land except the family house plot. Each child gets what is considered a fair share of the land. The will does not give the family house and plot to anyone. By filipino law does the wife/mother now own this piece of land? Can you tell me what you believe to be the answer and where to find the law on this please?

I believe, if the surviving children to not contest it, and as long as all portions were fairly equal, there will be no problems. Unfortunately, in the Philippines, when one parent passes, all children are entitled to a piece of the pie, just as the other parent is. So, hopefully anyway, all the children are happy and everyone is okay for mom to continue keeping the home. I would think that most families would abide by this.

 

 

American husband and filipino wife live here on land the wife owns, no children. If the wife dies, who then owns the house and land? Thought I heard/read the wife needs to have a will giving the land and house to the american husband?

 

The Filipino National wife can leave her portion to the American husband. As I understand it, he can retain possession of it for his lifetime. However, he cannot leave it to anyone else. It would have to go, I assume, to their nearest living (Filipino) relative after he passes.

Edited by Paul
Clarification issue.

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Boss Ross

 

Yes, let's.

Thanks Paul!  :good:

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