Not Immigration related - USC married to Pinay inheritance question

[POA 175]

My husband USC, and I, dual citizen (USC and Philippine) are buying a property in the Philippines. I know that he will not be able to own the land however, he can get in via inheritance if I passed. However, I was reading something that he will only get 50% and the other 50% will go to my existing descendants, aka, siblings or nieces and nephews. We don't have children and I don't have full blooded siblings (not sure if that makes a difference).

 

We both have last wills that indicates, we are each other's beneficiary, and the rest are contingent. 

 

My question is, even with our wills, will my family still gets 50% of the property value or will my husband gets the entire estate?

 

Ideally, if I pass and my husband survive me, I want him to be the sole owner of the property that we have in the Philippines. How do I make sure that happens since he is not a Philippine citizen?

[Hank_ 9,173]

I never read where siblings would receive a portion the land with your husband.

 

As for your husband inheriting the land in the Philippines.  there can NOT be a Will where you list your husband to inherit the land.  I know sounds strange but that is the way it is written, do NOT list your husband to receive the land in your WILL as it will void his right to the land.  Consult a knowledgeable attorney in the Philippines, plus do some reading of the laws regarding this issue.

 

Is your husband listed on the deed?

Edited April 26, 2021 by Hank_

[flicks1998 1,044]

3 hours ago, POA said:

My husband USC, and I, dual citizen (USC and Philippine) are buying a property in the Philippines. I know that he will not be able to own the land however, he can get in via inheritance if I passed. However, I was reading something that he will only get 50% and the other 50% will go to my existing descendants, aka, siblings or nieces and nephews. We don't have children and I don't have full blooded siblings (not sure if that makes a difference).

 

We both have last wills that indicates, we are each other's beneficiary, and the rest are contingent. 

 

My question is, even with our wills, will my family still gets 50% of the property value or will my husband gets the entire estate?

 

Ideally, if I pass and my husband survive me, I want him to be the sole owner of the property that we have in the Philippines. How do I make sure that happens since he is not a Philippine citizen?

Im with Hank on this one.  These kind of questions need to be addressed with an attorney.  Ive been using an attorney in Makati for the last 15-16 years.  A general counsel meeting is around 2,000p/hr.  They are in Salcedo village and can advise on this type of situation.  I can send you the contact info by PM if you need.  This law firm is used quite heavily by other foreigners as well.

[POA 175]

2 hours ago, Hank_ said:

I never read where siblings would receive a portion the land with your husband.

 

As for your husband inheriting the land in the Philippines.  there can NOT be a Will where you list your husband to inherit the land.  I know sounds strange but that is the way it is written, do NOT list your husband to receive the land in your WILL as it will void his right to the land.  Consult a knowledgeable attorney in the Philippines, plus do some reading of the laws regarding this issue.

 

Is your husband listed on the deed?

Hi Hank,

 

We have a will but the land is not listed. He is my sole heir on that will though. I am trying to look for a knowledgeable one. I talked to one already but he only knows I think the basic. I am just looking for a way that he gets all of it and not have to share it with anyone. Here is where I found that 50% information. Answer #3. We are still on the process of buying the property so the deed hasn't been drafted yet. The lawyer advised me to add my husband in the deed.

 

https://lawyerphilippines.org/2016/03/28/can-a-foreigner-inherit-land-in-the-philippines/#:~:text=Yes%2C a foreigner can inherit,if there is no will.&text=In legal speak%2C this means,inherit land through a will.

 

I am still researching too. I just confused on whether or not my family will have the rights to challenge it if I pass.

2 hours ago, flicks1998 said:

Im with Hank on this one.  These kind of questions need to be addressed with an attorney.  Ive been using an attorney in Makati for the last 15-16 years.  A general counsel meeting is around 2,000p/hr.  They are in Salcedo village and can advise on this type of situation.  I can send you the contact info by PM if you need.  This law firm is used quite heavily by other foreigners as well.

Hi Flicks! That will be awesome! I have been having trouble finding a good one who knows the in and outs of being married to a foreigner lol

[Hank_ 9,173]

3 hours ago, POA said:

Hi Hank,

 

We have a will but the land is not listed. He is my sole heir on that will though. I am trying to look for a knowledgeable one. I talked to one already but he only knows I think the basic. I am just looking for a way that he gets all of it and not have to share it with anyone. Here is where I found that 50% information. Answer #3. We are still on the process of buying the property so the deed hasn't been drafted yet. The lawyer advised me to add my husband in the deed.

 

https://lawyerphilippines.org/2016/03/28/can-a-foreigner-inherit-land-in-the-philippines/#:~:text=Yes%2C a foreigner can inherit,if there is no will.&text=In legal speak%2C this means,inherit land through a will.

 

I am still researching too. I just confused on whether or not my family will have the rights to challenge it if I pass.

Hi Flicks! That will be awesome! I have been having trouble finding a good one who knows the in and outs of being married to a foreigner lol

995 states the spouse inherits the entire estate, with reference to 1001 ..  and there is the confusion to me.  For sure need a well qualified attorney.   All the best in your endeavors.

 

Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

 

Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)

[POA 175]

2 minutes ago, Hank_ said:

995 states the spouse inherits the entire estate, with reference to 1001 ..  and there is the confusion to me.  For sure need a well qualified attorney.   All the best in your endeavors.

 

Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

 

Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)

Thanks Hank! Yeah, it is definitely confusing.