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Need Legal advice

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1 Need Legal advice on Tue Sep 28, 2010 12:09 pm

JT


Arresto Menor
Hello everyone, im new here and i need your help. Below is my story and im really hoping to get a sound advice in this forum.

My grandmother (still living) had 8 children (my dad as the youngest) and shes currently based in our province along with my dad (before he passed away). My dad takes care of my lola full time although one of my tito and 2 of my titas also sends money every month while the other very seldom though they pay her a visit every now and then. My dad was separated when he met his old time crush (came back from US, annuled with 3 kids) and in short time they got together. My "new mom" having a good life standing convinced my dad to renovate his room (portion of my lola's house) and my dad agreed. What they built tho is like a small house attached to the old house of my lola. The wife paid everything (sending money from abroad) until the house was completed. They got married in the US but after a short while the relationship started to deteriorate and my dad decided to go back to the province which my mom didnt like very much and starded hating my dad. My dad was diagnosed with colon cancer and died last year. Now the property is in dispute. My mom wants to claim ownership but my sister and are not allowing her. She filed a case against me and my sister and the case is currently at the court.

My dad (while fighting for cancer) told my Tito (older brother) that the house should be given to me and my sister but the tricky part is this. He did not include this on his last will and testament. He mentioned on his will that the land was primarily owned by my lola (so the wife cant claim ownership) although the wife paid the land taxes (not sure of the correct term) so she said she has the right to take over the property. The case is still in court.

Im currently renting a house here in Manila and my sister (also married) lives in the same barangay where the property is, she decided to stay at my father's house but then 3 of my father's sister doesnt want her and her family staying there saying she doesnt have any rights. They also want to take ownership of the house.

These sisters (manila based) are the ones that usually visit my lola maybe 3-4 times a year. But they dont really provide financial assistance with the expenses in the house. Two of dad's brother and two sisters are, let say "on our side" and they support me and my sister's claim on the property. But now im confused, the 3 titas doesnt want to give us the right to stay there and claim ownership so its like we are up against two forces here. What is the best thing to do?

Sorry for the long read but thank you very much for your attention and looking forward to your advice.

Regards,
JT

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2 Re: Need Legal advice on Thu Sep 30, 2010 12:15 am

attyLLL


moderator
if the case is in court don't you have your own lawyer, who may have a better appreciation, whom you can ask?

is the property titled with Transfer or Original Cert. of Title? Under whose name is it?


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3 Re: Need Legal advice on Thu Sep 30, 2010 8:31 am

JT


Arresto Menor
We have a lawyer (pro bono). The property is titled under my grand parents.

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4 Re: Need Legal advice on Sat Oct 02, 2010 11:25 pm

attyLLL


moderator
you really should talk to your lawyer. do you believe he has been negligent?

the ones entitled to inherit the property are the children of the grandparents. if any of the children died, they can be represented by the grandchildren.

those who exerted time and money to take care of the decedent can claim from the estate. good luck


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Need Legal advice Today at 4:31 pm

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