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INHERITANCE CLAIM OF AN ESTRANGED WIFE FROM A RECENTLY DECEASED HUSBAND

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atoy farin


Arresto Menor

Hello! I would like ask for your assistance regarding a situation that I find unusual and if there is a way, legally, to nullify the claim.


A man and an woman is legally married. For almost forty years they have been separated, not legally. This marriage has produced four legitimate children. The man has two illegitimate children. The woman went to the states and lived most of her life there and, for some reason, I don't know how she did it, was able to marry a US citizen.

The Man in this marriage passed away.

I have searched online and from what I gathered, The legal wife does have claim to 50% of all the properties that was left by the husband. The other 50% will be divided among all the children both legitimate and illegitimate. With the surviving spouse also counts as one child and the  illegitimate children gets half of whatever the legitimate children inherits.

This is the law and it is what it is. But What I am trying to argue and want to happen, if possible, is for the surviving spouse to NO longer have claim to anything and just have all the properties left by the deceased spouse be divided among the children. On the account that this woman broke the law when she got married in another country with her previous or you can say, existing marriage is not yet annulled.

Thank you for your time and hoping to hear for answers soon.

thepoetsedge

thepoetsedge
Reclusion Perpetua

Did the man in this case leave a will? Are you also an interested party in the estate proceedings of the late husband?

Where was the first marriage consummated? In the Philippines, or in the US?

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