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Acquisition via Heir

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1 Acquisition via Heir on Wed Mar 30, 2011 3:43 am

ggol


Arresto Menor
I hope I can get some guidance in reference to the following. My late father and 87 year old mother left the Philippines in 1949 and came to America. Until now, both parents legally own property near Manila and Pangasinan. Three of my siblings were born in the Philippines and three were born in America. I will be traveling to the Philippines (in a few months with a Filipino interpreter) to inquire about transferring the property over to the children's names. We possess the original deed documentation to both properties. What preparation (paperwork, lawyers, expenses, etc) can I anticipate before making this journey to the Philippines? Any help, advice truly appreciatd. Question

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2 Re: Acquisition via Heir on Wed Mar 30, 2011 7:00 pm

attyLLL


moderator
it would be best to first inquire at the registry of deeds as to the status of these titles, whether they are still in the names of your father and grandmother. an ocular inspection should also be done to see if anyone is occupying the property.

to transfer the property, the estates of the your grandmother and father will have to be settled, and an extrajudicial settlement executed.

note that the grandmother's share will goes to her children. do you have uncles and aunts?

my worry for you is that the local governments may have forfeited the properties for non-payment of annual real estate tax.


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3 Re: Acquisition via Heir on Thu Mar 31, 2011 5:02 am

ggol


Arresto Menor
"note that the grandmother's share will goes to her children. do you have uncles and aunts"?

Yes, I have uncles and aunts. When my grandmother arrived in 1949, she was already an American citizen. Her children were born in the 50's (in the United States) and are heirs to her property in the PI's. (The property is currently resided by relatives and the property taxes are up to date). Because grandmother and her children are American citizens, will they encounter difficulties transferring ownership of the property in the Philippines to their names? Would it be advantageous for grandmother to apply for dual citizenship even at the age of 88?

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4 Re: Acquisition via Heir on Thu Mar 31, 2011 5:31 pm

attyLLL


moderator
a foreign citizen can become an owner of land if he acquires it through hereditary succession.

so sorry, i assumed your grandmother was already deceased. if she is alive, she can donate or sell the properties but not to non-Filipino citizens. if you wait for her to die, then her legal heirs who are foreign citizens can inherit the property.






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5 Re: Acquisition via Heir on Fri Apr 01, 2011 7:04 am

ggol


Arresto Menor
"a foreign citizen can become an owner of land if he acquires it through hereditary succession"

So if my uncle is a foreign citizen and acquires grandmother's property through hereditaty succession, can he qualify for dual citenship if he plans on living in the Philippines long term? If not, what immigrant status would he best qualify under?

You have been very helpful,thankyou.

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6 Re: Acquisition via Heir on Sat Apr 02, 2011 4:24 pm

attyLLL


moderator
i don't think he will qualify to be a filipino under the dual citizenship law but he can apply to be a naturalized filipino.


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7 Re: Acquisition via Heir Today at 12:26 pm

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