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Power of Attorney - Land Ownership/Control

Discussion in 'Expat Section' started by Rye83, Nov 1, 2018.

  1. cabb

    cabb DI Forum Patron Highly Rated Poster ✤Forum Sponsor✤

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    If the husband (foreigner) and wife (Filipina) have a child, would the child have to be a Philippine citizen to inherit the property? How does ownership work in this situation? Would that child be the sole beneficiary? Neither husband or wife have a previous spouse or child. I did a late registration for my daughter (born in the US) for the heck of it as she can always renounce if it makes more more sense for her. Thanks!
     
  2. furriner

    furriner DI Forum Adept Restricted Account

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    I can only say that in our case, our attorney structured our will so that our non-Philippine-Citizen children would inherit the land. Philippine laws favors inheritance of land to children. However, in these situations where children are not citizens, different judicial interpretations may be possible. For example, do not say that non-philippines citizens CANNOT own the TCT land title. It happens all the time. Ex-Philippines citizens CAN and DO own up to to 5000 sq meters of land. This is a provision in the Philippines 1987 Constitution, not some scam. However, can children who would be “eligible” for citizenship if they applied, based on being born to to a Philippine citizen at time of birth, inherit land like an ex-citizen can? Our lawyer thinks so. I personally am not 100% sure; I hope so, I want them to get the land, and I hope any greedy relatives are too stupid to realize otherwise and too poor to sue. But nothing is ever certain, all you can do is take a legal position with your attorney and hope for the best.


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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Just make your life easier and get your kid Filipino citizenship if they are entitled to it.

    If your "what if" isn't in the Constitution the answer is no.
     
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  4. furriner

    furriner DI Forum Adept Restricted Account

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    For an American to obtain dual citizenship from another country is not as clear cut as it seems. Yes, it can easily be done, the US simply ignores it. But if I were a young engineer living in the US, it might limit me from working on US Government contracts that require security checks. In such cases, any activities that might question your 100% loyalty to the US might hurt your career. I wouldn’t do it. My wife won’t do it. That is why I have an SRRV instead of a 13a.




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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    A very valid point/concern.

    Here is what can disqualify you from a security clearance if you have dual citizenship:
    1. Possession of a current foreign passport;
    2. Accepting educational, medical, retirement, social welfare, or other such benefits from a foreign country;
    3. Residence in a foreign country to meet citizenship requirements;
    4. Using foreign citizenship to protect financial or business interests in another country;
    5. Seeking or holding political office in a foreign country;
    6. Voting in a foreign election;
    7. Action to acquire or obtain recognition of a foreign citizenship by an American citizen.

    Mitigating situations related to dual citizenship:
    1. Dual citizenship is based solely on parents’ citizenship or birth in a foreign country;
    2. The individual has expressed a willingness to renounce dual citizenship;
    3. Exercise of the rights, privileges, or obligations of foreign citizenship occurred before the individual became a U.S. citizen or when the individual was a minor;
    4. Use of a foreign passport is approved by the cognizant security authority;
    5. The passport has been destroyed, surrendered to the cognizant security authority, or otherwise invalidated;
    6. The vote in a foreign election was encouraged by the U.S. Government.
    Dual citizenship doesn't automatically disqualify you from obtaining a security clearance, especially if you were just born with it. A potential future security clearance should not be a deciding factor with getting your child the citizenship(s) they are entitled to at birth. Denouncing citizenship(s) should be something they should decide on once they are adults. However, if they (or you) are are looking for them to have a career that requires a security clearance with the military/USG this information is something you, as a parent, should keep in mind while they are children and should definitely inform them of before they come of age. Just raising them in the Philippines could certainly disqualify them, something parents need to take into consideration.

    Edit: My secondary source for that information was this link if you would like to read more on it.
     
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    Last edited: Nov 5, 2018
  6. Dave_Hounddriver

    Dave_Hounddriver DI Forum Luminary Highly Rated Poster

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    Ok, here is a legal question for Atty Wrye. The Filipina who holds the title on my property has signed a POA and a mortgage and then left the country for years while I live in, and care for, the house with her full knowledge and acceptance.

    If she came back and told me to get out then would I have rights to get reimbursed for my investment(secured by a notarized mortgage) and squatters rights that would force her to supply me with a similar quality house to live in as I have been taking care of this house and living here for 4 years.

    I will admit that the court costs could accumulate to more than the property is worth if she was rich enough to raise a sh*t storm but foreigners do have rights here if they have money and are connected.
     
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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    lol

    I haven't seen your POA or how it is worded (nor do I want to see it). I don't know if it is a special or general power of attorney. It may grant you permission to act on someone else's behalf but that doesn't mean that those acts would be legal or hold up in court if contested.

    A POA is not a contract or legal document that protects you from anything. Having a document notarized doesn't mean the document is legally sound, a notary will notarize just about anything you take them. What is the mortgage for? The house, the land, both? If it is for, or includes, the land I don't believe it would hold up in court. As for squatting;I think the Barangay Captain would sort that out rather swiftly...but maybe you could live long enough to make it to a courtroom for them to decide on your rights to the property.

    Sure, you have rights...just not to property. :wink:

    How would I "fix" the issue of property I thought I "owned or controlled" through POA? I'd talk the land owner into signing me a 25 year lease (with an additional 25 years lease renewal option...I believe 50 years is the maximum number of years a lease can be legally extended out to) for a very reasonable price. This shouldn't be an issue if you are in as good as you think you are with the property owner. That's just me though, this isn't legal advise for anyone. I wouldn't want to go get myself disbarred or anything. lol
     
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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Just a side note about POAs. If you use a POA to enrich yourself that will almost certainly be considered an abuse of the agreement by a court and any self-enriching activity could be overturned in a court and you could be forced to pay back any losses the person suffered due to your actions.

    Personally, I see using a POA to take control of a property for yourself as pretty "self-enriching". But that's just my humble non-lawyer opinion.
     
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  9. Outcast

    Outcast DI Forum Adept

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    you seem somewhat misinformed about the powers of a poa.

    A. a poa does not trump her personal appearance, and can be revoked by her at any time, or, she can assign a poa to another person who will then have the same rights as you. a poa is only valid for you to use in her absense. if she is present, it is worthless.

    B. you cannot hold a mortgage against something that you cannot legally own, so if there is real estate involved, you will be very disappointed in the outcome if this should ever get in front of a judge.
     
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  10. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    They say 'The law is an a-s-s' for very good reasons.
     
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