Succession & Estate Law in the Philippines
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117 posts in this topic

5 hours 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.

Thanks for the input JP,  Hahaha no man in the wings presently that would be considered "marriage worthy"!  I am on a 13a visa. I thought that I read that if you had been married many years and were quite old, they'd possibly let you keep your status? Not too sure about that. My son has lived away from the Philippines, and would probably only sell this house as an investment down the line, or maybe just to vacation in occasionally with a cousin care taker? What ever he chose I'll be gone and it wouldn't matter to me. We're close and I feel that he'd let me live out my days here before that happened. 

It would be a lot less complicated if I went first I guess.:smile:

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3 hours ago, Istvan Havetta said:

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.

Greg and I did not know that there was a widower status on the 13a. Thx. Even so, he did not have even 13 pesos to pay for anything.

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19 hours ago, Queenie O. said:

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..:smile: 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? 

No problem.  Yes your son would own the house in full, and siblings are not considered compulsory heirs so your husband could leave the house to your son no problem.    You can own anything other than Land so your husband can leave cash, vehicles  etc.  Do bear in mind though that all liquid assets are frozen until such time that the estate taxes are paid and a clearance certificate is issued by the BIR.

One more item to note ..... is your Son Married?  If he is married when he inherits the property/land then it becomes his exclusive property meaning he is the sole owner, and that will never change.  If he inherits it when he is unmarried, but then subsequently gets married then it becomes conjugal property between him and his wife (even if it is only his name on the title, it is still considered 'conjugal property' as far as the Philippines is concerned). Of course, lets hope they stay happily married, but This could potentially put you in  a difficult position in the event of divorce and or premature death (god forbid) of your son.    Sorry to sound negative and morbid but unfortunately these things need to be taken into consideration on matters like this.

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ID: 114   Posted (edited)

1 hour ago, jrlee183 said:

 

No problem.  Yes your son would own the house in full, and siblings are not considered compulsory heirs so your husband could leave the house to your son no problem.    You can own anything other than Land so your husband can leave cash, vehicles  etc.  Do bear in mind though that all liquid assets are frozen until such time that the estate taxes are paid and a clearance certificate is issued by the BIR.

One more item to note ..... is your Son Married?  If he is married when he inherits the property/land then it becomes his exclusive property meaning he is the sole owner, and that will never change.  If he inherits it when he is unmarried, but then subsequently gets married then it becomes conjugal property between him and his wife (even if it is only his name on the title, it is still considered 'conjugal property' as far as the Philippines is concerned). Of course, lets hope they stay happily married, but This could potentially put you in  a difficult position in the event of divorce and or premature death (god forbid) of your son.    Sorry to sound negative and morbid but unfortunately these things need to be taken into consideration on matters like this.

No he is still pretty young and single.:smile: Any of those issues down the line would be his lookout I guess. I guess we can afford to share ownership if need be.

This might sound like a stupid question, but out here in the province, it seems that property/family issues seem to be played more fast and loose. If you or someone goes to the town hall and pays the yearly property taxes, things might go along in life "business as usual." If you're already on good terms, and maybe helping out family members, they would probably defer to you because they might be poor or not have the wherewithal to act or even understand property laws. If my husband were to die, I would continue to help them because that's just what I'd continue to do in fairness. If my luck holds, any fears/anxieties about the future could be just that.

How does the BIR even find out about a death and act on tax rules and requirements? Do they send you a letter or pay you a visit?  I'm hoping that all these things will be less confusing and clearer over time.  Do you offer paid specific advise over issues like this if God forbid the need should arise?

Thanks Jamie and these will have been my final questions!

Edited by Queenie O.
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23 hours ago, Queenie O. said:

 

It would be a lot less complicated if I went first I guess.:smile:

That's my long term aspiration!

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2 hours ago, Queenie O. said:

No he is still pretty young and single.:smile: Any of those issues down the line would be his lookout I guess. I guess we can afford to share ownership if need be.

This might sound like a stupid question, but out here in the province, it seems that property/family issues seem to be played more fast and loose. If you or someone goes to the town hall and pays the yearly property taxes, things might go along in life "business as usual." If you're already on good terms, and maybe helping out family members, they would probably defer to you because they might be poor or not have the wherewithal to act or even understand property laws. If my husband were to die, I would continue to help them because that's just what I'd continue to do in fairness. If my luck holds, any fears/anxieties about the future could be just that.

How does the BIR even find out about a death and act on tax rules and requirements? Do they send you a letter or pay you a visit?  I'm hoping that all these things will be less confusing and clearer over time.  Do you offer paid specific advise over issues like this if God forbid the need should arise?

Thanks Jamie and these will have been my final questions!

Young and single? Perhaps as my 2 are,,,,,,,, well one @28 living with her BF, the other @ 21 with no strings attached? For me a recipe for disaster knowing my kids and their mother,,,,,,,,,,, My future is with my partner and though I wish to protect myself for a long life in the Philippines for our future, unfortunately my allegiances lay with my partner and where we are at now and past, my children take take and then look for blood, they tell me I have plenty of money (according to their mother) so what's the problem? A mothers touch? Yes, that's a little of my story but at the end of the day my life is with a family that ask for help when needed, given when needed and they treat us as their family unlike mine, yes bitch bitch. Other family members ask because they can and obviously have no scruples, talking cousins(a business venture,,,,,, a new car) etc. I like all others that choose to live/play out their lives in PH want a little security, permanency and some resonance of security, ensure I will, others also I am sure. I don't want my kids in Oz taking what they think is rightfully theirs no different to 2nd cousins twice removed or family thinking the can do the same in PH.

Sad but the facts as many see. For your undoubted future security with regards to property and assets, consult an attorney, then another and then another as we will/in the middle of and doing,,,,,,,,, me really, I think too much. My/our future like many others is in the hands of the law in a foreign country that is 20, 40, 60 years behind western norms and while we love the people and country sometimes have to ask where does this come from,,,,, I know, I saw the same rubbish in Oz 40 years ago, it' still there to a degree. Aside, treat your fellows with compassion and tolerance and you will not go wrong, treat the mark wisely with these qualities and you may/will not come to grief. No questions answered on this thread but many clearer in my head. 

Wow, can't believe I just ranted like that but hey.

Cheers, Steve.

 

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On 2017-5-28 at 7:39 AM, 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.

Oh not our Queenie!!!

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