Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

rights of a legitimate child

Go down  Message [Page 1 of 1]

1 rights of a legitimate child on Sat Feb 08, 2014 4:35 pm


Arresto Menor
Hello. I need legal advice. My boyfriend's dad is dying and as 1 of the 2 legitimate sons, I want to help him get whatever he legally deserves.
His parents were married here in Davao but when Papa moved to the US after their separation, he married another woman in California. Now they are divorced, no children. Papa is back here in Pinas now and has a new querida. He has 1 child and an unborn baby with this querida and both kids carry Papa's last name. There is no will and testament that we know of at the moment.

My boyfriend, his kuya and their mom (the first wife) don't really have much so getting a lawyer will have to be our last resort.

My questions are:
1) Will my boyfriend, his kuya and their mom, being the legitimate family here in the Philippines, AUTOMATICALLY get anything without going to court?
2) Do the querida and her kids get anything when Papa dies?

From what I understand, legitimate children are entitled to 1/2 of the estate (hati sila boyfriend and kuya dun sa 1/2), then their Mom gets 1/4.. and the illegitimate children get 1/4 too.. Tama po ba?


Thank you!

View user profile

2 Re: rights of a legitimate child on Mon Feb 10, 2014 11:47 pm

tsi ming choi

Reclusion Perpetua
1. It will transfer(the rights/ownership) automatically because succession takes place at the moment of death of the decedent.

However, the ENFORCEMENT of the acquired rights(rights/ownership over the property, transfer of title, etc) shall be with a court OR lawyer's intervention, through judicial or extra-judicial settlement of the estate of the deceased. Without any of these intervention, properties cannot be pass upon to the heirs legally or lawfully.

2. ONly the kids can get a share from their father's estate, being an illegitimate children. To the exclusion of the mistress.

As to the distribution, the estate will be divided in accordance with the law on intestate succession WITH the inclusion of the illegitimate kids/children.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum