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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A mother inherited 1/2 share in Philippines, children

Customer Question

A mother inherited 1/2 share for house in Philippines, children received the other half. The mom - the other half - house located in Davou. The mother has died. The children lived in the house sense all their life. Three sons currently occupy the house. One son, daughter - with husband and two children - reside in Florida and are all now citizens. The three sons are not American citizens and not immigrating to U.S. The sons would like to retain the home. One remaining daughter is a contract worker in the middle east. Her petition expired when mother died - mother waited 24 years in hope remaining daughter would come to the U.S. Is it possible mother's 1/2 share could be to the sons and how would that affect tax status of such transactions here and there?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Absent a will to the contrary, the property in the Philippines will now go to all of the children. If there are children who do not want their share, they would need to gift their share of the house to the other siblings. This would not cause a taxable event in the US, but we are not attorneys in the Philippines and do not know what the tax implication would be there. Any taxes on the property would have to be under Philippines law and also probate would have to be done under Philippines probate process, not in the US if the property is located in the Philippines.