Author Topic: Last Will and Testament  (Read 9844 times)

Offline jjcabgou

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Last Will and Testament
« on: April 30, 2015, 08:30:55 AM »
Has anybody written their last will and testament here?  I really SHOULD do one and I do not want to have to fly back to the USA to do so.  I can't find much valid information online.  My first guess was the US Embassy but I could not find anything there that addressed a Will.


Offline bigrod

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Offline cvgtpc1

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Re: Last Will and Testament
« Reply #2 on: April 30, 2015, 09:00:12 AM »
Maybe something online like Legal Zoom but not sure if the site works from the PI...

Offline jjcabgou

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Re: Last Will and Testament
« Reply #3 on: April 30, 2015, 09:39:34 AM »

Offline Art, just a re(tired) Fil-Am

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Re: Last Will and Testament
« Reply #4 on: April 30, 2015, 09:40:02 AM »
There's a few articles about wills on the Angeles City RAO website

http://www2.mozcom.com/~rao_cabr/raonews1.htm

http://www2.mozcom.com/~rao_cabr/raonews2.htm
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Offline coleman2347

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Re: Last Will and Testament
« Reply #5 on: April 30, 2015, 02:18:34 PM »
Seems there is a lot of legal stuff about leaving your wife, benefits, insurance etc.  As far as the US is concerned it seems that you have to declare your wife on your taxes in the US before they consider the marriage for real?

Lee2 and I had some conversations on it while I was in Cebu maybe he can contribute....as it was all new to me..still researching what I need to do lol
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Offline Lee2

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Re: Last Will and Testament
« Reply #6 on: April 30, 2015, 02:50:41 PM »
Seems there is a lot of legal stuff about leaving your wife, benefits, insurance etc.  As far as the US is concerned it seems that you have to declare your wife on your taxes in the US before they consider the marriage for real?

Lee2 and I had some conversations on it while I was in Cebu maybe he can contribute....as it was all new to me..still researching what I need to do lol


I have been told that anything that is to be given to anyone that is coming from the US govt or a financial institution of any type, they must have a tax id number (ITIN) or social security number for the records of the giving company, so they can properly account for it, sort of makes sense, so I believe what I told you was that in order to get a tax id number, you would have to file your taxes and request one at the filing time, maybe someone who has gotten a tax id number can expand on how it has to be done.

Quote
http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN)
General ITIN Information
                                                                                                                                    Espaol
Effective January 1, 2013, the IRS has updated procedures that affect the Individual Taxpayer Identification Number (ITIN) application process. Some of the information below, including the documentation requirements for individuals seeking an ITIN, has been superseded by these changes. Taxpayers and their representatives should review these changes, which are further explained in these Frequently Asked Questions, before requesting an ITIN.
What is an ITIN?
An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit. Effective April 12, 2011, the range was extended to include 900-70-0000 through 999-88-9999, 900-90-0000 through 999-92-9999 and 900-94-0000 through 999-99-9999. IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.
What is an ITIN used for?
ITINs are for federal tax reporting only, and are not intended to serve any other purpose. IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers (SSNs).

An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit.

Who needs an ITIN?
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty needs an ITIN.

Other examples of individuals who need ITINs include:
    A nonresident alien required to file a U.S. tax return
    A U.S. resident alien (based on days present in the United States) filing a U.S. tax return
    A dependent or spouse of a U.S. citizen/resident alien
    A dependent or spouse of a nonresident alien visa holder


How do I know if I need an ITIN?
If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA", 205c", "applied for", "NRA",& blanks, etc.

How do I apply for an ITIN?
Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original proof of identity or copies certified by issuing agency and foreign status documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

     Internal Revenue Service
     Austin Service Center
     ITIN Operation
     P.O. Box 149342
     Austin, TX 78714-9342

You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. Taxpayer Assistance Centers (TACs) in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact U.S. Tax Attachs in Frankfurt, London, or Paris. The IRS's ITIN Unit in Austin issues all numbers through the mail.

When should I apply for an ITIN?
You should complete Form W-7 as soon as you are ready to file your federal income tax return, since you need to attach the return to your application.

If you meet one of the exceptions to the tax filing requirement, submit Form W-7, along with the documents that prove your identity and foreign status. You are also required to include supplemental documents to substantiate your qualification for the exception, as soon as possible after you determine that you are covered by that exception.

You can apply for an ITIN any time during the year. However, if the tax return you attach to Form W-7 is filed after the return's due date, you may owe interest and/or penalties. You should file your current year return by the prescribed due date to avoid this situation.

Where can I get help with my ITIN application?
You can call the IRS toll-free at 1-800-829-1040 if you are in the United States. If you are outside the United States, call 267-941-1000 (not a toll-free number) for information and help in completing your Form W-7 and your tax return or to check on the status of your application six weeks after submitting Form W-7.

Assistance is also available at selected IRS Taxpayer Assistance Centers in the United States to provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States can contact a U.S. Tax Attachs in Frankfurt, London, and Paris.

You may also use the services of an IRS-authorized Acceptance Agent.

How and when can I expect to receive my ITIN?
If you qualify for an ITIN and your application is complete, you will receive a letter from the IRS assigning your tax identification number usually within seven weeks. If you have not received your ITIN or other correspondence seven weeks after applying, call the IRS toll-free number at 1-800-829-1040 to request the status of your application if you are in the United States. If you are outside the United States, call 267-941-1000 (not a toll-free number).



:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline suzukig1

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Re: Last Will and Testament
« Reply #7 on: April 30, 2015, 05:34:05 PM »

...As far as the US is concerned it seems that you have to declare your wife on your taxes in the US...


If you are married and filing a U.S. tax return you need to file as married; either married filing jointly or married filing separately.  You cannot file as single.
« Last Edit: April 30, 2015, 05:38:17 PM by suzukig1 »

Offline jjcabgou

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Re: Last Will and Testament
« Reply #8 on: April 30, 2015, 07:57:03 PM »
I am NOT trying to pry into anybodies personal business at all, but in general terms what are the rest of you doing in terms of leaving your filipina wife/family anything after you die? (assuming they out live us :) )

Offline M.C.A.

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Re: Last Will and Testament
« Reply #9 on: April 30, 2015, 09:31:20 PM »
I met my wife stateside, she never became a US citizen but has a SS number, she worked several years in the states before we met. There were several hassles in changing her passport name (previously married) so we gave up on the US citizenship but I put her on my Survivors Benefit Program (SBP) after I retired from the Navy, so hopefully that will work, I made an inquiry with DFAS but got a blank response, heard of so many issue's with living outside the country but I made sure that our address in the Philippines and her full name are on my retirement statement and yes, I file a joint tax return. 

Wife and my legally adopted two kids, got them SS numbers when I was stationed in Guam but they never set foot on the island, all I had to do was show the adoption paperwork, all are also listed on my Tricare Overseas.
My views would be from someone who lives out in the province close to in-laws on a pension.  Norwegian and French heritage.

Offline bigrod

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Re: Last Will and Testament
« Reply #10 on: April 30, 2015, 09:41:02 PM »
Coleman,

I am currently getting ready to go to the RAO in Angeles to apply for Gladys' ITIN and finalize our joint return.  Since we are overseas we have until 15 Jun to file as long as you owe no taxes.  Also will try to file the paper work for her Dependent ID at the same time.  Have already filed the paperwork with DAFS to start SBP and changed her to receive any arrears of pay.
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Offline wildbill

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Re: Last Will and Testament
« Reply #11 on: May 02, 2015, 12:28:59 AM »
I just want to follow this post.

Offline trevor

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Re: Last Will and Testament
« Reply #12 on: May 02, 2015, 01:42:10 PM »
We are living here in the Ph. now. Wife lived in the US for nine years and have dual citizenship, same for our 10 yrs. old child.
We file jointly. Have no assets in the US except for my two pension which is payed into our US bank.
Wife and child also receive SS which is deposit into same bank. No need for me to make a will here as everything is already in wife"s name.
As for my older kids in the US they are grown and have good career jobs.  Their inheritance from me was i paid for their college education up front. Did not want to leave any legacy for them to fight over. Not that they would even fight over legacy as they all get along fine.
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Offline jjcabgou

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Re: Last Will and Testament
« Reply #13 on: May 02, 2015, 10:18:31 PM »
So, nobody as written a Will here?  Crap!   I was expecting this one to be an easy information request.   I guess I will have to drag my rear end to the Embassy and see what they say.

Offline suzukig1

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Re: Last Will and Testament
« Reply #14 on: May 03, 2015, 09:15:04 AM »
So, nobody as written a Will here?  Crap!   I was expecting this one to be an easy information request.   I guess I will have to drag my rear end to the Embassy and see what they say.

1.   People should get professional advice about estate planning.  What is right for one person may not be the best way to go for another person.

2.   Holographic wills are valid in the Phl and in California in the U.S.  (I dont know about other states.)

3.   In the U.S. if you use a will your estate will have to go through probate.  You may need a lawyer to go to probate court.  In the Phl estates are supposed to go through probate.

4.   You need separate wills for the Phl and your home country.  The inheritance laws will be different.

5.   I have no listed assets in a will in the Phl and a will in California.

6.   I use payment on death accounts at banks and transfer on death accounts at brokerages (i.e. designated beneficiary on the accounts)

7.   Issue: the banks will want to send checks to the beneficiary.  How do you handle that?  Are you ok with them sending a check to your heir in the Phl?  Will your heirs Phl bank let you deposit that check?

8.   Some things should be handled differently depending on if your heir is a U.S. citizen/resident or is a non-U.S. resident alien.