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Inherit property if parent dies?

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1 Inherit property if parent dies? on Tue Jan 11, 2011 2:04 pm

anime


Arresto Menor
Hello, my mom shares a property with her brothers and sisters. They are planning to sell it. If she dies before it's sold, will her kids inherit her share? Or does she have to state this in her will? Do the kids need to have special power of attorney? We are U.S. citizens living in the states.

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2 Re: Inherit property if parent dies? on Tue Jan 11, 2011 4:11 pm

njaniola


Arresto Menor
You and our mom other children will inherit the property either through testate or intestate succession.You (and your mom other children)can inherit the property by right of representation in case your mother predeceased.There's no need for her kids to have a SPA because it works by operation of law.

Since you did not state what kind of property does your mother has with her brother/sister, let me presumed that it is a land. Under the Philippine Constitution, as a general rule, alien is prohibited to acquire land. However, this provision accepts some exceptions.One of these is by virtue of succession. Being US citizens (alien) will not matter since you are transferees of said land by virtue of succession.

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3 Re: Inherit property if parent dies? on Wed Jan 12, 2011 2:33 pm

anime


Arresto Menor
Thank you for your advice. Yes, it is urban land and my aunt is living on the property.

Is there any circumstance where the legitimate children will not receive a share or is this a new law? Because we've been told in the past that the deceased's money from the sale will go to the government and not to the deceased's children.

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4 Re: Inherit property if parent dies? on Fri Jan 14, 2011 10:25 pm

attyLLL


moderator
anime, you may be living in a state in the US which has different succession laws from those in the philippines. i understand that there are states in the US where any property not included in a will become property of the state.

There may be a conflict which set of laws will apply; that of your mom's residence of that where the property is located.


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