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Opinion

Happy Independence Day!    

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Today we mark the 124th year of Philippine independence from Spain. Filipinos from all over the world celebrate this day in different ways --parades, parties, pageants, fireworks, family reunions and, of course, food. Lots of it. In New York, this is the most anticipated and well-attended Philippine holiday where Filipino organizations from various communities gather for the festivities. This year’s celebration is very meaningful as this would be the first time in two years since the pandemic that people can go out and celebrate.

Independence Day is not only a one-day event. We have to be mindful that the rights we enjoy today are to be safeguarded with a full sense of duty and responsibility. We just had a free election about a month ago and whatever choices we made during that process have direct consequences to our most-cherished freedoms. We cannot afford to be complacent in our ongoing vigilance for the protection of this hard-earned independence.

* * *

This week I had a call with one of my former clients who wanted to have a will drafted. I do not practice that specific area of law, so I referred him to another lawyer who specializes in wills, trusts, and estates. I applauded him for thinking and taking action in getting his affairs in order. His response was very interesting. He said that he doesn’t have a lot of money nor does he have many properties, but that he wants to have a will so that his children would not fight over his estate and more importantly, so that his wish to be buried in the Philippines beside his parents would be truly honored. He felt that without his expressed direction memorialized in a will, he would just be interred at some unfamiliar place in the US.

The preference to go back to our homeland even after death is a familiar sentiment I often hear from our fellow kababayans here in the US. I thought that once you die, you don’t care where your resting place is. But for quite a few, where you “‘rest in peace” really matters. Other considerations include the presence of family ties in the Philippines, the sense of oneness with the motherland, and as one jokingly said, it’s kinda lonely to be buried in a foreign country where the tomb occupant beside you does not speak your language.

In all seriousness, make sure that you create a will. You can do it yourself or hire an estate attorney to draft it for you. A straightforward will is not expensive. Make sure you keep an inventory of your properties whether real or personal, appoint a trusted executor/executrix with unequivocal instructions on your estate is to be divided, including how you want your body disposed. If you are from the US and you want to be buried in the Philippines, consider the expenses this may entail.

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INDEPENDENCE DAY

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