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property inheritance with no will

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1 property inheritance with no will on Wed Jun 12, 2013 8:20 am

leeyang


Arresto Menor
My grandmother had a child but not with my grandfather so the daughter, which is my mother, was named after her real father. Now I on the other hand was named after my grandparents, making me their legal daughter. Will the properties be inherited by my mother if my grandparents don't have a will?

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2 Re: property inheritance with no will on Wed Jun 12, 2013 2:54 pm

hlslawph


Arresto Menor
When was your mother born?

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3 Re: property inheritance with no will on Thu Jun 13, 2013 4:05 pm

leeyang


Arresto Menor
My biological mother 1966

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4 Re: property inheritance with no will on Thu Jun 13, 2013 4:55 pm

leeyang


Arresto Menor
hlslawph wrote:When was your mother born?
 1966 po

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5 Re: property inheritance with no will on Thu Jun 13, 2013 8:38 pm

AWV


Reclusion Perpetua
You may be the legal daughter on papers but that does not over ride the fact that she is the real daughter of your Grand-mother, even though she is not your Grand-father's daughter. They are married therefore, their properties are conjugal! which means since she is a real daughter, your mother is more priority than you when it comes to inheritance. You may be using their surnames but if you are not legally adopted, you don't have the same rights as your mother! If you are legally adopted then you have equal rights as your mother. This is another matter of technicallity.

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6 Re: property inheritance with no will on Fri Jun 14, 2013 6:24 am

leeyang


Arresto Menor
Oohh alright alright.. thanks for the info!

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Nes_oidem


Arresto Menor
Hi,
I would like to get anyone's legal opinion on another inheritance case.

I would like to seek your advice on matters pertaining to estates and inheritance.

My uncle inherited properties from our ancestors and also from the conjugal properties of his deceased parents. He is the only son. 

In a tragic twist of fate, he, with his wife, 2 children of legal age, one of them is married with 2 children who are all minors, all died at the same day and time.

My question is, does my mother who is the only surviving cousin of my uncle, have all the rights to the estate of the deceased family? My uncle and his wife got married in 1978 several years before the Family code took effect. 

By right, the new civil code should govern on questions of property regime between husband and wife - which is conjugal partnership of gains in in this case.

However, there is this contention from an oppositor arguing  that the rightful heir should be the husband of his married daughter, who is the lone survivor. Is there a transmission of property rights when all of them died at the same day and time including the grandchildren of my uncle?

They argue that the husband of his married daughter is the nearest heir to the estate of my uncle because inheritance has already been transmitted to the grandchildren(all deceased as well).

I need help.



Last edited by Nes_oidem on Fri Jun 14, 2013 4:00 pm; edited 1 time in total (Reason for editing : typo error)

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8 Re: property inheritance with no will on Fri Jun 14, 2013 4:29 pm

AWV


Reclusion Perpetua
Sorry to say YES! the daughter's husband has more right with the property NOT your mother! Since the inheritance has passed on to the children this only means because they are married anything his wife owns are conjugal therefore, the nearest relatives is the husband NOT your mother.



Last edited by AWV on Fri Jun 14, 2013 7:53 pm; edited 2 times in total (Reason for editing : mixed-up with leeyang's details)

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9 Re: property inheritance with no will on Fri Jun 14, 2013 4:50 pm

hlslawph


Arresto Menor
Here are the relevant rules and provisions of law:

Rules of Court

Rule 131 (jj) - That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time.


Civil Code

Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. 

Art. 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood.



Last edited by hlslawph on Sat Jun 15, 2013 1:05 am; edited 1 time in total (Reason for editing : Missed an article.)

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10 Re: property inheritance with no will on Fri Jun 14, 2013 5:08 pm

Nes_oidem


Arresto Menor
Hi AWV,
I Just to want to clarify some of the facts. It is not the grand daughter who is married but the daughter of my uncle.

All the titles to the properties are still in the name of my uncle married to a certain "wife name".

My uncle and his wife is between 56-59 years old.
Their daughter is about 35-36 years old.
Their son is between 30-34 years old.
The daughter's children are between the ages of 13-14.
Their son was actually the last one who died. But this son is single with no issue.

They all died from a fire accident because they are all in one roof except for the husband of the daughter who is separated in fact.
 
If there is no transmission of rights, or if inheritance right is transmitted to my uncle's son who was seen to have died last. My mother is still within the 5th degree of consanguinity.



Last edited by Nes_oidem on Fri Jun 14, 2013 5:32 pm; edited 1 time in total (Reason for editing : typo error)

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11 Re: property inheritance with no will on Fri Jun 14, 2013 5:31 pm

Nes_oidem


Arresto Menor
hi hlslawph, awv,
Do you know of any settled jurisprudence similar or at least close to the facts of this case?

I appreciate your help.

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12 Re: property inheritance with no will on Fri Jun 14, 2013 8:03 pm

AWV


Reclusion Perpetua
try to understand this...http://en.wikipedia.org/wiki/Jurisprudence

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13 Re: property inheritance with no will on Fri Jun 14, 2013 10:09 pm

Nes_oidem


Arresto Menor
I'm not sure what you want me to read but when you point me to wiki, it confuses me more. I just need an answer to a very specific case.

What i mean when i  say "settled jurisprudence" is the latest decision of the Supreme Court identical to our case or the so called judicial precedent (if there is any). How the SC interpreted the rules of court re Rule 131(jj) and (kk) as well as the Civil code Art. 1009 and applied in a similar case. I need the exact reference case number,etc.

I was asking earlier if there is any law student here or legal researcher who can help me look for the information i need and i am willing to pay for it.

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14 Re: property inheritance with no will on Sun Jun 29, 2014 9:59 am

8MILANI8


Arresto Menor
Nes_oidem wrote:Hi,
I would like to get anyone's legal opinion on another inheritance case.

I would like to seek your advice on matters pertaining to estates and inheritance.

My uncle inherited properties from our ancestors and also from the conjugal properties of his deceased parents. He is the only son. 

In a tragic twist of fate, he, with his wife, 2 children of legal age, one of them is married with 2 children who are all minors, all died at the same day and time.

My question is, does my mother who is the only surviving cousin of my uncle, have all the rights to the estate of the deceased family? My uncle and his wife got married in 1978 several years before the Family code took effect. 

By right, the new civil code should govern on questions of property regime between husband and wife - which is conjugal partnership of gains in in this case.

However, there is this contention from an oppositor arguing  that the rightful heir should be the husband of his married daughter, who is the lone survivor. Is there a transmission of property rights when all of them died at the same day and time including the grandchildren of my uncle?

They argue that the husband of his married daughter is the nearest heir to the estate of my uncle because inheritance has already been transmitted to the grandchildren(all deceased as well).

I need help.

How did they die...??? Altogether.

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15 Re: property inheritance with no will on Sun Jun 29, 2014 10:05 am

8MILANI8


Arresto Menor
Nes_oidem wrote:Hi AWV,
I Just to want to clarify some of the facts. It is not the grand daughter who is married but the daughter of my uncle.

All the titles to the properties are still in the name of my uncle married to a certain "wife name".

My uncle and his wife is between 56-59 years old.
Their daughter is about 35-36 years old.
Their son is between 30-34 years old.
The daughter's children are between the ages of 13-14.
Their son was actually the last one who died. But this son is single with no issue.

They all died from a fire accident because they are all in one roof except for the husband of the daughter who is separated in fact.
 
If there is no transmission of rights, or if inheritance right is transmitted to my uncle's son who was seen to have died last. My mother is still within the 5th degree of consanguinity.

What caused the fire? It is quite unusual that none of them survived. I hope their wealth just goes to charity.

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