Foreigner Spouse Inheritance?

[fototek1]

My wife is an illegitimate child. Her mother and father were never married and she is the only child with them together. Her mother married another man and had 2 kids. Her father got married and has 2 legitimate children and 2 other illegitimate children.   

My wife owns 2 parcels of land with buildings on them. 

I am an American citizen and not planning to kill my wife but trying to see what happens for each of us if the other dies. She will be set for life if I die but if she dies what happens to her assets as far as I am concerned? BTW, she is the one doing this research and dictating here as I type (except this line).  

Who and how much inheritance will the "illegitimate" mother, "Illegitimate" father and foreign spouse (ME ) inherit? 

If the Illegitimate parents are dead prior to my wife's death, will the the foreign spouse () inherit everything? 

Look at article 992 of the civil code  Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

The wife's minor in law is showing here!

She plans to not make a will so "intestate succession" (INTERSTATE INHERITANCE) takes place and a foreigner can inherit property/land.   

 

 

[graham59]

I believe you, the foreigner need to be listed as the Filipina's spouse on the property titles.

Should she die before you, then your share (assuming you end up with a share, after the family stampede and subsequent years of wrangling) will be recognised, but you will have to dispose of it within one year...as you are not a Filipino Citizen. You could also pass it on to your Filipino Citizen child, if you have one, of course.

Personally...would not waste my mental energy worrying about such things. Better to enjoy the land of the living NOW. 

[gbmmbg]

https://lawyerphilippines.org/2019/02/08/compulsory-heirs-under-philippine-law/

 

This is the best listing of "what if's" when it comes to wills and who gets what. Sometimes its better not to have a will in the philippines.

 

[Joey G]

My wife and her family were in a similar situation when her last parent passed... 10+ years later and it has gone from messy to messier... we spent $$$ on lawyers and "the resolution" was so bizarre you couldn't make it up.... people making "claims" came out of the woodwork like roaches in a cheap hotel during a rainstorm.  The courts will entertain any claims and the lawyers will be happy to  represent you through the process (more $$$$$).  

I am still looking for a foreigner who successfully has inherited property in the Philippines... I'm all ears if anyone knows someone who has.

 

[Dave Hounddriver]

The following link is a few years old and was created by our resident expert in Wills and Inheritance.  The information is as valid today as it was then and the thread is still "stickied" at the top of its section.   Worth reading.

 

 

Edited May 8, 2021 by Dave Hounddriver

[sonjack2847]

On 5/9/2021 at 12:12 AM, Dave Hounddriver said:

The following link is a few years old and was created by our resident expert in Wills and Inheritance.  The information is as valid today as it was then and the thread is still "stickied" at the top of its section.   Worth reading.

 

 

Yes  fototek1 can find the answers on that thread a long read but as far as I can see the answers he is looking for are there.

Edited May 9, 2021 by sonjack2847

[Jollygoodfellow]

On 5/8/2021 at 7:48 AM, fototek1 said:

I am an American citizen and not planning to kill my wife

Let us know if that changes