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1 CLAIM AGAINST THE ESTATE : PLS HELP ME!!! on Mon May 28, 2012 7:00 pm


Arresto Menor
Atty good evening,
We have a claim against the estate under probate proceeding, this is one of the two adjoining lot sold to my mother under contract to sell. the first lot was transferred to my mom by subsequent MOA, half of the price was applied to the first and the second lot was to be paid within 1 yr. Both owner's duplicate copies of the title was given to us by the owner before she died. We paid the unpaid balance of the second lot to the legal counsel of the administrator as instructed by the administrator through a call and likewise the counsel issued his receipt. We have been waiting for more than 9 yrs, still no deed of sale executed to us. I went to the RTC where the current proceeding is still ongoing and found out the property is still included in the inventory without disclosure of the contract and receipt of payment. Atty can i account all the documents:contract, receipt and demand letters etc in the court with SPA from my mother and ask the court's authority to execute the deed of sale? We are so tired already atty and we want to resolve it. THANKS PO FOR THE ADVICE.

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2 Re: CLAIM AGAINST THE ESTATE : PLS HELP ME!!! on Sat Jun 02, 2012 12:24 pm


imo, you have to file a separate case for quieting of title

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3 Re: CLAIM AGAINST THE ESTATE : PLS HELP ME!!! on Sun Jun 17, 2012 12:02 pm


Arresto Menor
atty thank you for your response very much appreciated,
atty i read the contract to sell executed by the decedent and my mother, in substance its a Contract of Sale because of dispositive clause stated in the document for the two adjoining lots. i also read the MOA executed between my aunt ( without spa ) and her nephew with general power of atty to cancel the contract to sell by executing the deed of sale in favor of the 1st lot by initiating payment of half of the purchase price for the two lots and the 2nd lot to be paid within 1 yr for the other of the price. in the MOA, the only person who appeared in the lawyer who notarized the same was his nephew.During the date of MOA i found out also that the decedent was already sick in a coma at the hospital. my aunt told my mom that his nephew offered to trasnferred the lot if we can pay half of the price. the contract to sell is annotated at the back of the two titles after we paid downpayment and subsequent two monthly installments, date of annotation is the date when we paid the 2nd monthly installment to the decedent and also the date when decedent surrendered the two titles to my aunt because after signing of he contract to sell, my aunt was the one who made monthly installments since my parents are working abroad and my aunt resides at iligan where the property is located.we have still complete receipts from the decedent starting from the date of contract to sell where a downpayment was made and 4 monthly installments paid directly to the decedent with signatures. we informed all the heirs ( sister and her children ) since the decedent died single with valid will in writing and so the administrator one of the heir instructed my aunt to pay the balance of the price since there was also a initial payments made to them for medical expenses and wake expenses for the 2nd lot. am i right to conclude they are all fraudulent all heirs and their counsel for not asking the court's authority to complete the contract to sell and by executing a MOA by his nephew? we did not defaulted any payments, the 5th installment the decedent already in a coma and my aunt was offered by her nephew to tranfer the first lot if we can initiate the payment of half the price but since monthly installment only 20k/month and we had to procure 130,000 to initiate the payment of half of the price we are offered to pay the full 130k in the 8th monthly installment. thanks po

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