What Every Spouse Who Marries A Filipino Should Know (Death of a Spouse)

[coa24 69]

I want to share my experience after the death of my wife of 2 years (Breast Cancer IV/Pneumonia). The process is long and difficult at times. She died in the Philippines because she wanted to be close to family and friends. With that stated, upon her death, there are things Foreigners should know. 

 

1. If your spouse was paying into the SSS, you are entitled to a death claim and monthly pension plan. The amount is increased if you have children. It is also dependant on how many years your spouse has been paying into the system.

2. Every Foreign spouse is also entitled to claim Pag-Ibig death claim/claim (not a pension-a lump sum), given there is no loan or back pay.

3. If your Filipino spouse has money in a Filipino account and he/she dies, you will be taxed heavily once the bank finds out the account holder is dead. You may consider withdrawing the money quickly.

4. To receive the SSS death claim and pension, you must have a Filipino bank account. The only way to do that from my understanding is to be in the Philippines greater than 59 days and apply for an Alien number (ACR). Once you have the ACR, you can open a bank account, though some banks like BPI and BDO require a one-year residency. However, Landbank does not. I believe there are others also that do not require a one-year residency.

5. The SSS Pension last until the age of 21 for children and until a new marriage for the spouse.

6. A foreigner does not have to report in the Philippines every year, they can submit an affidavit stating their singleness and they are still alive.

7.If you plan to make your child a dual citizen, and you are not in the Philippines, best to report the birth of the child to the embassy first. The process would be a little easier, otherwise, you will have to fly to Manila if you are in the Philippines.

8. Be sure to always carry the report of marriage and death certificate with you, because in the Philippines, they will not allow you to marry again without proof that your previous spouse died (from a friend who works at the Hall of Justice).

9. Oh, the documentation of proof can be redundant and heavy at times. 

10. If you owned property with your Filpino spouse, the land needs not be in their name or you will pay a heavy death tax. Best to have the spouse before their death (if you know they are that road) to will the land to you or a child.  However, I do believe the land is automatically passed to the spouse regardless if a foreigner or not, at least that is my understanding (could be wrong).

 

There are more, but at the moment I cannot think of anything. Wil add as I come across other issues.

 

 

Edited September 10, 2017 by coa24

[Hank_ 9,174]

Just now, coa24 said:

I want to share my experience after the death of my wife of 2 years (Breast Cancer IV/Pneumonia). The process is long and difficult at times. She died in the Philippines because she wanted to be close to family and friends. With that stated, upon her death, there are things Foreigners should know. 

 

1. If your spouse was paying into the SSS, you are entitled to a death claim and monthly pension plan. The amount is increased if you have children. It is also dependant on how many years your spouse has been paying into the system.

2. Every Foreign spouse is also entitled to claim Pag-Ibig death claim/claim (not a pension-a lump sum), given there is no loan or back pay.

3. If your Filipino spouse has money in a Filipino account and he/she dies, you will be taxed heavily once the bank finds out the account holder is dead. You may consider withdrawing the money quickly.

4. To receive the SSS death claim and pension, you must have a Filipino bank account. The only way to do that from my understanding is to be in the Philippines greater than 59 days and apply for an Alien number (ACR). Once you have the ACR, you can open a bank account, though some banks like BPI and BDO require a one-year residency. However, Landbank does not. I believe there are others also that do not require a one-year residency.

5. The SSS Pension last until the age of 21 for children and until a new marriage for the spouse.

6. A foreigner does not have to report in the Philippines every year, they can submit an affidavit stating their singleness and they are still alive.

7.If you plan to make your child a dual citizen, and you are not in the Philippines, best to report the birth of the child to the embassy first. The process would be a little easier, otherwise, you will have to fly to Manila if you are in the Philippines.

8. Be sure to always carry the report of marriage and death certificate with you, because in the Philippines, they will not allow you to marry again without proof that your previous spouse died (from a friend who works at the Hall of Justice).

9. Oh, the documentation of proof can be redundant and heavy at times. 

10. If you owned property with your Filpino spouse, the land needs not be in their name or you will pay a heavy death tax. Best to have the spouse before their death (if you know they are that road) to will the land to you or a child.  However, I do believe the land is automatically passed to the spouse regardless if a foreigner or not, at least that is my understanding (could be wrong).

 

There are more, but at the moment I cannot think of anything. Wil add as I come across other issues.

 

 

Very sorry to hear of your loss ________________________________________ .   I have traveled this road, I know the pain.   My condolences to you. 

**********

 

I would like to comment on a couple items.

 

Item 8: Report the death (death certificate) to the consulate in the USA that represents your state.

http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#death

 

Item 10.  A foreign spouse can become the deed holder/owner of property in the Philippines.  The foreign spouse MUST NOT be listed in the WILL as this will void the foreigners legal right to the land.  Legal title to the land that is owned by the deceased Filipino can then go to the foreign spouse (you will need the PSA copy of the death certificate) ... ownership sort of transfers automatically, but you must file the proper documents.

 

 

 

 

[j N j 50]

sorry for your loss

[Cyberfx1024 7,980]

I am really sorry for your loss and I know nothing can help you feel better at this point in time. But we are here to help if needed and thank you for the information.

[coa24 69]

Thanks everyone. Hank thank you for the clarification. I wasn't sure item 10 was fully correct. I did send the notification of death to the national benefits center in nMissouri as requested by USCIS.  Never realized how tough governments and insurance companies make to claim. It is like they add to the burdon and pain you go through.

[Greenbaum 12,260]

I'm sorry for your loss. Breast cancer in women really hits home as there so much of it out their. I lost my wife in 2005. 

 

I would like to advise what is allowed if your Filipino wife completed working 40 months in the USA. The husband can receive a one time death benefit payment from SS in the amount of $255. A spouse who was living with the deceased person at the time of death; or a spouse or a child who, in the month of death, is eligible for a Social Security benefit based on the deceased person's record. If you are younger than 60 and remain single till 60 you can collect a monthly SS payment as well as children till age 18 or when they graduate from high school. If you remarry before 60 then you will no longer be eligible for this benefit. If you remarry after 60 you can continue receiving her benefit for the rest of your life unless you decide to take your benefit which if more than hers you should consider.

 

Before making any decisions please talk to professional experts so they can guide you based on your situation. What I've spelled out here is my path and may not be your best choice.

 

I collected SS for my children till 18. I didn't marry my Filipino wife till I reached 60 and to this day I collect on my deceased wife's record until next year where I will have turned 66 and will take a much higher rate on my earnings when I switch to my SS record.

[coa24 69]

Thanks Greenbaum. Unfortunately for my wife only worked for 6 months. What also makes it tough is that we have a 10-month old daughter. So it is unfortunate that she,will not know her mother. She was 35 years old. Anyway, I am grateful at the outpouring of support from family and friends. Perhaps in the future there will be another wife once the grieving process is subsided.

[RO_AH 1,667]

I am so sad to hear this. My prayers go out to you. I can't imagine having to go through this.

[Umka36 781]

Sorry about your loss.

[Balamban 113]

This is rather old but still.

 

Greenbaum you state: " I would like to advise what is allowed if your Filipino wife completed working 40 months in the USA "

 

I think you may have meant 40 quarters which is 10 years, not 40 months, am I incorrect?

[Greenbaum 12,260]

4 hours ago, Balamban said:

This is rather old but still.

 

Greenbaum you state: " I would like to advise what is allowed if your Filipino wife completed working 40 months in the USA "

 

I think you may have meant 40 quarters which is 10 years, not 40 months, am I incorrect?

Your are correct and I thank you for that. 

[Hank_ 9,174]

4 hours ago, Balamban said:

This is rather old but still.

 

Greenbaum you state: " I would like to advise what is allowed if your Filipino wife completed working 40 months in the USA "

 

I think you may have meant 40 quarters which is 10 years, not 40 months, am I incorrect?

You are correct