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Which spouse is entitiled to the estate of a deceased U.S. citizen?

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Buenaflor


Arresto Menor
My brother was granted a divorce from first wife while residing in the U.S. He then married a Filipino citizen in the U.S. who was temporarily visiting. 2nd wife remained a Filipino citizen. My brother became a U.S. citizen and retired in the Philippines with the second wife. He died and left an estate inherited from our parents after marrying the second wife. We are in the process of executing an extrajudicial settlement but unable to determine which spouse is the legal heir aside from the children. Is this inherited estate a community or exclusive property? Marriage from first wife was held in the Philippines. Thank you!



Last edited by Buenaflor on Sat Oct 13, 2012 10:48 am; edited 1 time in total (Reason for editing : additional info)

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attyLLL


moderator
if he is a dual citizen, then you can apply philippine law, but if he is solely a US citizen, you have to apply the law from what state he was from in the US


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