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law of succesion

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1 law of succesion on Fri Dec 14, 2012 6:03 am

izzo17


Arresto Menor
Good day to everyone,

I just need advice or clarification.

My father is already deceased. Title of the house is under his name.

How will this be divided to us.

My mom is still alive with 5 children.

Will the property be automatic 100% owned by my mom since she is still alive or will mom get 50% and 20% for each child?

We are having problems right now as my mom wants to evict my eldest sister together with her live in partner from our house due to a lot of troubles they are causing.

My sister is insisting that she has a right and will not go.

We just want to clarify this so we will know what will our next step be.

Thanks in advance.

More power.

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2 Re: law of succesion on Fri Dec 14, 2012 9:16 am

taxconsultantdavao


Reclusion Perpetua

ganito ang sharing if ang title ganito" dad, married to mom." unless me proof kayo na hindi iyan conjugal, presumed conjugal iyan. ang instances na magiging exclusive property yan ng papa mo is if namana iyan niya ang house and lot na iyan during their marriage. iyan lang ang isa sa instances na exclusive iyan.

dahil presumed conjugal iyan, ganito ang sharing:

a. 1/2 goes to your mother =50%

b. the other 1/2 goes to your mother, and 5 children in equal shares (kasi nga intestacy ito. walang will).= 50%/6 (5+1).
which means your mother gets 8.3% on this other 1/2 share (plus the 1st 1/2 as her conjugal share- see letter a),
you get 8.3%, your sister gets 8.3%, and your other 3 siblings will get 8.3% each.




or puwede rin isimplify


since there are 6 of you, ganito ang sharing.

conjugal share: 1/2 goes to your mother as her conjugal share

share of your father of 1/2 of the house and lot to be divided as follows (intestacy)

1. 1/6 of 1/2 = 1/12 goes to your mother as her hereditary share
2. 1/6 of 1/2 = or 1/12 for the 1st child
3. 1/6 of 1/2= 1/12 2nd child
4. 1/6 of 1/2= 1/12 3rd child
5. 1/6 of 1/2= 1/12 4th child
6. 1/6 of 1/2= 1/12 5th child

summary:
1. mother = 1/2 plus 1/6 of 1/2 = 7/12
2. 1st child= 1/12
2nd child= 1/12
3rd child= 1/12
4th child= 1/12
5th child= 1/12


as you can see, mahirap ipa alis ang sister mo kasi me 1/12 share siya diyan which means na co-owner siya sa unidentified share diyan sa house and lot na iyan. if your mother will insist na ipartition physically, at hindi magpirma ang kahit isa sa mga anak niya or ninyo sa extrajudicial partition at extrajudicial settlement of estate, you need to file a case in court para sa judicial partition na iyan kasali na ang judicial settlement ng estate .

there are several options:
1. sell the said house and lot and divide the proceeds according doon sa computation ko. but one thing is clear, your mother will get 7/12 share of the said proceeds.

2. divide the house and lot physically pero paano mo idivide iyan? kahirap di ba? saan ilagay ang sister mo para sa 1/12 share niya? problema iyan.

mas ok if ilapit mo iyan sa isang practicing lawyer. iconsulta mo iyan in person.

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3 Re: law of succesion on Fri Dec 14, 2012 10:08 am

izzo17


Arresto Menor
Thanks po sa advice.

Very well said sir.

At least now we know what to do next.

Thanks again for your quick response and valued advice.

More power.



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4 Re: law of succesion on Fri Dec 14, 2012 10:14 am

izzo17


Arresto Menor
Sir one more question,

What if my eldest sister is adopted, will the computation be the same?
(she is really the daughter of of my aunt who is a sibling of my mom but my parents decided to adopt her and carry our last name.)

Thanks

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5 Re: law of succesion on Fri Dec 14, 2012 10:24 am

taxconsultantdavao


Reclusion Perpetua


IF LEGALLY ADOPTED SIYA, PAREHO LANG ANG ANSWER KO. ME LEGAL RIGHTS IYAN SYA AS A CHILD.

IF HINDI LEGALLY ADOPTED, WALANG RIGHT IYANG (INFORMALLY) ADOPTED SISTER MO.

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6 Re: law of succesion on Fri Dec 14, 2012 10:45 am

izzo17


Arresto Menor
thanks so much..

I really appreciate it.

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7 Re: law of succesion on Sun Dec 16, 2012 2:58 am

izzo17


Arresto Menor
Hi,

Just a follow up question. I learned that my sister was adopted informally if i understand it correctly.

Here are the details:

When she was born, my aunt who is her biological mother wants my parents to adopt her immediately due to personal reasons. My sister was born in a hospital in the province. During that time (late 70's) registering is not that strict and so they were able to file for a late registration and have her use my father's name without any problem. The reason indicated for late registration was that she was delivered at home by a midwife.

This has a consent from her biological mother.

1. Is this considered illegal adoption during that time?
2. Can this be used against her relative to inheritance?

Thanks so much.





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8 Re: law of succesion on Sun Dec 16, 2012 7:30 am

taxconsultantdavao


Reclusion Perpetua

sir. ilapit mo iyan sa abogado in personal. dalhin mo ang papers like birth certificate if meron. mahirap if dito ka magtanong lang.

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9 Re: law of succesion on Sun Dec 16, 2012 12:12 pm

izzo17


Arresto Menor
ok sir.. THanks..

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10 Re: law of succesion Today at 10:12 pm

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