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no will and testament

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1 no will and testament on Thu Apr 19, 2012 11:02 pm

chardallen


Arresto Menor
here's my wife's situation. his father died in his old age leaving 3 pieces of land which are still in his name. his wife is still alive, who is indicated in the titles as spouse. each land is already distributed or assigned to each of his children (all married), verbally, not in papers - not yet transferred. 2 lands are already occupied by his 2 sons while 1 land is vacant and his instruction was that this land will be equally divided for his 3 daughters. 2 problems:

1) there is no will and testament
2) he was previously married (civil). his first wife, whom he has 1 son with, left him and never came back. but we believe they were not annulled. he was married to my wife mother in a Catholic church. he did not want any share given to his first wife.

questions:

1) can the first wife still get his share?
2) what are the remedies for the 2nd wife and siblings so that the first family won't have any share, in respect to the decision of the dead father?
3) can the 2nd wife file annulment (grounds: abandonment, and religious belief) in behalf of her dead husband in order to validate their marriage?
4) the daughters' decision on the vacant land is to sell it. can they just antedate the transaction? if successful, can the first wife and his son still claim after transferring the title?
5) regarding the 2 occupied lots, how can they be transferred to the 2 sons?

thank you very much!



Last edited by chardallen on Fri Apr 27, 2012 11:33 pm; edited 1 time in total (Reason for editing : typo error)

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2 Re: no will and testament on Tue May 15, 2012 1:46 pm

chardallen


Arresto Menor
help please? any lawyers here?

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3 Re: no will and testament on Tue May 15, 2012 2:01 pm

ibonidarna


Reclusion Perpetua
1. Yes.
2. None. First wife and her son is entitled to the property since they were not disinherited.

3. No.
4. No. Yes.
5. Execute extra-judicial settlement of estate, allot the said lot as their share, and have it titled based on the extra-judicial settlement of estate.

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4 Re: no will and testament Today at 3:23 am

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