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Division of inheritance

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1 Division of inheritance on Tue May 15, 2012 10:26 am

anncruz


Arresto Menor
Hi please help me with this.

My grandfather was a widow when he acquired a lot in our place. In 1977 he remarried in Papua New Guinea. He died last 2002. He has 3 children on his first wife and 1 child on his second wife.

Now his children wants to sell the property. Let's say the property's value is 2 million.

Will his second wife gets 50 percent and his 4 children will share the remaining 50 percent? or what are there any other conditions?


And one more thing, his child on the second wife wants to sell another property because she wants to liquidate all the property here in the Phil because she's living in Australia, but the other 3 children do not want to sell the property, what is the best thing to do?

Thank you in advance!

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2 Re: Division of inheritance on Tue May 15, 2012 1:07 pm

ibonidarna


Reclusion Perpetua
Did he leave a Will? If not, then you divide the property equally between the wife, and the 4 children.

Since they co-own the property, then they can buy the shares of their step-mother and their stepbrother/stepsister

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3 Re: Division of inheritance on Tue May 15, 2012 7:12 pm

anncruz


Arresto Menor
No he did not leave a will.

So that means 1 million will be given to the wife and 250k each of the 4 children?

My mom is just asking since my grandfather bought the property when he was a widow, and some of her relatives said that her stepmom should not be given any share of the property since she was not yet the wife of my grandfather when he bought the property.

And may I ask about conjugal property, is that the reason that's why the wife gets 50% of the property? I really do not have any idea.

Thanks for your help! Smile

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4 Re: Division of inheritance on Tue May 15, 2012 11:09 pm

ibonidarna


Reclusion Perpetua
My bad, it should have been "you divide the property equally among the wife, and the 4 children". So they will get 400K each.

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5 Re: Division of inheritance on Wed May 16, 2012 10:22 am

anncruz


Arresto Menor
Hi thanks for your reply, may I ask why? So if my mom ask about it, I can explain it to her.

Is there any law the specifically says that the property should be divided equally among them?

Thank you so much!

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6 Re: Division of inheritance on Wed May 16, 2012 1:28 pm

ibonidarna


Reclusion Perpetua
Art. 996 of the New Civil Code provides that " if a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children."

That is why.

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7 Re: Division of inheritance on Wed May 16, 2012 9:19 pm

anncruz


Arresto Menor
Thank you so much for your help! Smile

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8 Re: Division of inheritance on Thu May 17, 2012 7:55 pm

attyLLL


moderator
one matter that has to mentioned also is whether the conjugal properties of the first marriage were properly liquidated and settled, else the property regime of the second marriage will be one of complete separation.


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9 Re: Division of inheritance on Fri May 18, 2012 11:36 am

anncruz


Arresto Menor
Hi sir, what do you mean by this?

And another question. The second wife wants to sell another property, but the children do not want to sell the property, the children can buy the share of the wife but what if the children do not have money for the meantime? thanks

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10 Re: Division of inheritance on Sat May 19, 2012 10:59 am

ibonidarna


Reclusion Perpetua
Then she can sell her share.

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11 Re: Division of inheritance Today at 12:14 am

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