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land title under mother, son is dead, can my brother's wife get the property?

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Arresto Menor
Hi Atty:

Good Day po! Pahingi po ng advise regarding sa case ng mother ko. The land title was transferred to her from our dad who passed away.

My mom is still healthy but my brother died already. It was common knowledge that our property will be handed over and equally divided to all of her children. I have a few questions.

1. Can the wife of my deceased brother get the property even though my mom is still alive?
2. My brother is dead, is he still going to get the land even after my mom pass away? (knock on woods)
3. If not, who will get his share?
4. If yes, will it be the wife of my brother or his kids?

My brother did not leave any last will and testament.

What do we need to do to ensure that his share will not go to his wife? You might be wondering why we don't want her to have it. It is because my brother is a seaman. When he died, she got millions but she never gave any money to our mom who in our opinion, should have at least been given something out of respect.

I hope u could answer and help us regarding this matter.

Thank you.

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Prision Correccional
1. No. If your mother is still alive and healthy, NO one has the rights to claim her property (property under her name), Even you.

2. No. How can he get the property if he is already dead?.

3 & 4.When your mother is died and did not execute any legal documents pertaining to the property, the rights for the property will apply to the heirs. (the children of your brother has also the rights for claim).

The last will and testament of your brother is useless. The subject property is not owned by him.

To ensure, tell your mother to execute a last will and testament stating the property is to be inherit only to you. Or, since your mother is still alive and can sign documents, ask her to transfer the property under your name, so that, the whole rights will be yours.

Im not a lawyer, just sharing my knowledge and experience as a real estate specialist.

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Arresto Menor
Thank you hustisya. I really appreciate your help. God Bless you!

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Prision Mayor
If the property is in the name of your mother as SOLE OWNER, I think your mother has all the rights to dispose the property according to her desire as her EXCLUSIVE PROPERTY, i.e... sell it or donate it to whoever she wanted. She is still alive, so she can donate it to you as her son, and it becomes your exclusive property too. However,upon her returning to the Lord her Creator, her heirs according to the order of hereditary succession provided by the Civl Code and Family Code, will have the right over the property. I think since your mother outlived and survived your brother, only his kids both legitimate and illegitimate will inherit along with you and your kids.
I am not a lawyer, I am only sharing my experience and knowlege to you hoping will help you in your problems.

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