A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?

Question

Quizplus · Accepted Answer

B is not correct because what governs the successional rights of A is his national law, which in this case would be the law of the United States, where A was domiciled and where the divorce was obtained. This means that the divorce legally ended the marriage between A and B, thus B would not have a right to inherit from A under US law, assuming the divorce was recognized and valid.

A & B Are Married