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Settlement of Father's estate

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1 Settlement of Father's estate on Mon May 19, 2014 11:32 pm

Agrieved Person

Arresto Menor
Hi sir/madame, I would have several questions. My father died Feb. 2008. There are three siblings. I am the oldest and only son. I have two siblings and are both females. My parents have a mutual agreement that my mother migrated to Canada and sponsored me. My mother and I both became Canadian citizens. My mother and I were living in Canada at the time. My father knew this and he was ok with it. He never left a will. My two sisters were here in the Philippines when he died. My father has three properties and some shares of stocks listed on the PSE.

Here is the problem. One of my sisters, works in California. She goes back and forth and stays here in Quezon City at my father's property while she is on holidays sometimes. Two days before my father died, she managed to transfer all titles of the three properties to her name. She never told me about this even though I arrived in the Philippines, one day after my father died. I went to the wake and also attended the funeral for my father. My sisters never mentioned that the titles have been transferred already. My mother and I came back last Feb. 2012 to stay in the Philippines indefinitely. We also re-acquired our Philippine citizenship so we are both dual citizens. I found out during this time after a squabble with my other sister that all properties were already transferred into my the other sister's name. They did this through a "Deed of Donation" notarized document for all properties. One was dated 2 days prior to my father's death. My mother's signature was on it. My mother was not here during that time because she was with me in Canada.  All properties are conjugal properties. Another property notarized 2010 signed by both my parents. My father could not have signed this because he was already dead. My mother also could not have signed this because she was still in Canada with me. I was told by someone that my sisters do not intend to sign on any agreement to sell the properties but my mother and I want to move on with our lives and sell the properties so we could divide them accordingly and also to help pay for my mother's living expenses since she is a paraplegic and needs care and medical treatment. My sister has not visited since my mother and I came back and started living at my father's house. What are my legal options?

I have already filed a criminal complaint against my sister (whose name is on the titles) for Fraud, Falsification of Public Documents and Forgery (because they forged my mother and father's signatures). They also Cashed all the stocks after my father died. I found out when I went to inquire about the stock shares and was told that they had been cashed out already a few months after my father's death. My mother and I were not informed of this as well.  I want to know how we could get the titles transferred back to my father's name and estate since the signatures on the Deed of Donation were forged. Can we get the court through a Extrajudicial Settlement proceeding, to liquidate the properties so that we can get our shares plus damages incurred cause by my sisters? I already have a lawyer but want a different advise. What if my sisters refuse to cooperate or sign. We all cannot live in the same properties and they have to be divided as well to pay estate taxes on the one half portion of the estate because my mother is still alive. My mother needs the money now and not later because she is already very old and may not live that long. Can you advise me?

Thank you very much and God Bless.

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