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Distribution of Presumptive Legitime

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1 Distribution of Presumptive Legitime on Sat Jun 22, 2013 12:56 am


Arresto Menor
Distribution of Presumptive Legitime
My son Oliver was fathered by someone not married to me.
His biological father is very sickly now and has little time left.
His biological father and the wife had two properties (House & lot)
And my son is receiving some amount of child support from his biological father.
Recently, his biological father and the wife decided to sign the agreement to transfer by way of a donation inter vivos in favor of their only (legitimate) daughter named Sarah one of their two properties and the other property transfer to the wife.

Under this circumstances, my son, who is now 6 years old will be deprive of his share to the two properties (House & lot).
What kind of protection can my son have to preserve his share of the properties?
Clearly, they are transferring their properties so as to deprive my son of his right to his legitime.
Please give me advise on this matter..
What are the legal action can we do??

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2 Re: Distribution of Presumptive Legitime on Sat Jun 22, 2013 6:43 pm


unfortunately, he has no right to contest it at this point. it arises only upon the time of death of the father.

hopefully, they will keep the property until that time so you can then demand a collation of the properties. if they sell and convert to cash, it'll be tough to go after it

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