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UPDATE!!! HELP PLEASE... BOTH PARENTS DECEASED, 4 Legitimate Children of Legal Ages: Can I make a move to take my part in all properties?

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ChoyI


Arresto Menor
Kung merong Lawyer na pwedeng tumulong sakin... please inform me..
Ang kaya kong pambayad ay thru contingency... (not sure about the term), percentage sa kabuuan ng makukuha kong properties...
Paki txt na lang po ako, at wala po talaga akong kapera-pera, jobless, and sick with heart disease, kaya nahihirapan akong matanggap sa Call Center ulit..
Eto po ang number ko (I hope it's ok to post): 09753380700
TM po iyan...
Kung ilang percentage po ay open ako for negotiations..
Text me for more info na lang po regarding sa properties..
Napakadami ko nang na-imessage sa FB pero wala pa rin pong tumatanggap...
May nagsabi sa akin na di daw ako matutulungan ng PAO at need ko daw ay private Lawyer...
This goes with great importance to me at mahalaga po ang oras sa kasong ito.. kaya sana po eh may makatulong sakin ASAP

Thanks to All... God Bless..



Last edited by ChoyI on Wed Oct 15, 2014 4:51 pm; edited 3 times in total (Reason for editing : Added info)

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ChoyI


Arresto Menor
Please I really need help on this one. May kaya or "can afford" ang mga kapatid ko at wala akong kakayanang magbayad ng mamahaling abogado.
At least, enlighten me on the things I need to know and do to protect what's rightfully mine.
What I will get, my own family will get as well. And when my time comes, I'm assured they will have a better future, even when I'm gone.
Please.... a strong advise will be my guard.

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attyesc


Reclusion Temporal
hi. family house lang ang naiwan ng parents mo? it should be divided equally among all legitimate children. wala sa batas na bunso ang magmamana. magkano ang value ng property? kung ayaw umalis ng ate mo doon, you can demand na yung share mo ay ibigay na lang in cash. pwede rin naman na ibenta nyo yung bahay at maghati-hati sa proceeds ng sale.

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ChoyI


Arresto Menor
attyesc wrote:hi. family house lang ang naiwan ng parents mo? it should be divided equally among all legitimate children. wala sa batas na bunso ang magmamana. magkano ang value ng property? kung ayaw umalis ng ate mo doon, you can demand na yung share mo ay ibigay na lang in cash. pwede rin naman na ibenta nyo yung bahay at maghati-hati sa proceeds ng sale.

thank you so much for the reply.
Di lang family house ang naiwan, may mga lote pa na, I believe, dapat ding paghatian.
I'm also concern, kung masyadong maaga pa or anytime e pwede ko nang i-demand ang aking parte. Ni hindi ko man lang kakitaanang mga kapatid ko ng initiative na pag-usapan kasi o kung ano man ang balak nila. Kaya medyo nagdududa na ako.. malayo kasi ang tinitirhan ko sa family house..
Anong batas ang pwede kong gawing reference, in case na pigilan nila ako or in case na may alibi sila, I don't know, kung sakali lang.

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ChoyI


Arresto Menor
the family house, is on a lot of about 1600sqm - 2000sqm, our mother once mention it to me that it's about 2000sqm. It is located aside the street, making the land value higher than those located further back from the main street. The land value is around 2,000Php - 3,00Php per sqm. I don't know if it has gone higher. Also it was planned to be sold at 4MPhp flat, as-is, about 4 years ago, if my memory serves me right, but then cancelled the plan.
We still have some, if I'm going to sum it all up, 4000 - 6000 sqm of lot. I think one particular, has 2000sqm and the remaining is situated just beside the family house lot. I don't know wether our mother had acquired other properties.
I can't afford the expenses, kung kukuha ako ng abogado, pati mga gastusin sa proseso.
But I'm willing to give a percentage of what I'll get to an atty, just to speed up the process and distribution. But I hope the Atty wouldn't ask too much.
I'm jobless, lost it due to my heart's enlargement. Can't even buy my maintenance.
A small store and financial help from relatives and in-laws, keeps my kids in school.
I just want to, FINALLY, give my own family, something they can call their own, while I'm still able to witness it.



Last edited by ChoyI on Thu Sep 25, 2014 1:28 pm; edited 1 time in total (Reason for editing : Added info)

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attyesc


Reclusion Temporal
your right to the inheritance accrued when your mom died. all of you as children became co-owners of all properties she left behind. according to Article 494 of the Civil Code, “No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.”

you may demand partition either by agreement, if your siblings agree to divide the property, or by judicial proceeding. If you and your siblings cannot agree on the partition, you may file an Action for Partition under Rule 69 of our Rules of Court. Under Section 1 of the said Rule, “A person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and extent of his title and an adequate prescription of the real estate of which partition is demanded and joining as defendants all other persons interested in the property.”

In judicial partition, it does not matter if your siblings are willing or not to divide the property. During such partition, they may either buy you out or give your share in the property.

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attyesc


Reclusion Temporal
For requiremnts and procedure, try this site: http://cdn.sunlife.com/static/philippines/How%20to%20file%20a%20claim/Static%20files/Estate%20Settlement%20Guidelines.pdf

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ChoyI


Arresto Menor
attyesc wrote:For requiremnts and procedure, try this site: http://cdn.sunlife.com/static/philippines/How%20to%20file%20a%20claim/Static%20files/Estate%20Settlement%20Guidelines.pdf

thanks a lot, really.
And thanks for the article, I'll take note of that..
so tomorrow I'll have a talk with the other 3 siblings first, or who ever is available, complete or not, to know if they have plans to talk things out. And if they have no idea, plans, or intention, then I will insist to have my rights be served.
but one more thing really bothers me if I fall into DISINHERITANCE...
I'm separated (not legally) and had a another family for about two years now.
I'm afraid my brohers and sister will take it as a claim for DISINHERITANCE.
But my wife and I already had an understanding and no such legal actions were filed of requested.
We were friends right now, to be honest, and she accepted the fact. She even helped me in some occasions, financially.
But in my understanding in DISINHERITANCE, it will be a rough battle to prove that I fall into DISINHERITANCE of Civil Code.

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ChoyI


Arresto Menor
Hi attyesc,
I'd like to add a question.
Kung i-pursue ko to sa court, pwede bang maging liable sila sa expenses like, atty's fee, danyos-perwisyos, and other processing fees, since kundi naman dahil sa pag-tatahimik sakin or pagkawalang interes na pag-usapan ang partition, e hindi naman hahantong pa sa court????

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ChoyI


Arresto Menor
attyesc,
gandang umaga.
Pursigido na ako na asikasuhin ang pagkuha ko ng parte ko sa lahat ng properties na iniwan sa amin ng magulang namin.
Honestly, wala akong kakayanang pinansyal para magbayad sa abogado. But I'm open to negotiations.
If you can be my lawyer, let's talk.
If not, can you refer someone to help me with this.
I want to start this on Monday, September 29.
Thanks and please reply if I you're not able.
My mobile number is 09051436120 and email = chuynk27@gmail.com
Norben L. Garperio
Binangonan, Rizal

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attyesc


Reclusion Temporal
disinheritance can only be effected through a will. kung wala pong iniwan na will si mother na nagdidisinherit sa inyo, magmamana pa rin po kayo.

settlement of the estate is a special proceeding and it will be the estate which will shoulder for the expenses. idededuct na lang po sa mamanahin nyo yung mga ginastos nyong magkakapatid.

icollate nyo po muna lahat ng properties. ilista nyo po lahat with the corresponding value tapos pagusapan nyo po yung shares nyo. talk it over and i really hope you could settle it extrajudicially. mas mabilis po at hindi ganoon kagastos. goodluck and God bless

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concepab


Reclusion Perpetua
IMO, the most practical way to solve an issue like this is to sell the properties, divide equally ang mapag-bebentahan.

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ChoyI


Arresto Menor
concepab wrote:IMO, the most practical way to solve an issue like this is to sell the properties, divide equally ang mapag-bebentahan.

thanks, that's what I was thinking.
Salamat din to all and I learned much.
I talked to my sister yesterday, she told me that they intend to talk about partition, but there's no specific time or day, when it will happen.
Anyway, can you give me an approximation, on how long or how many weeks or months it will take to be completely transfered.
And another question, pwd ko ba ibenta and rights ko kahit wala pang partition na nangyayari?
I think, na mas maganda, practically, nga na extrajudicial muna.
But I'll still consider getting a lawyer, yun nga lang kung merong papayag na percentage of what I will get ang ibabayad ko.. kumbaga e utang muna..
Last night, my brother txted me with, a bit of anger, maybe it's because I tried to ask my sister, yesterday, about when or if they have plans already.
Lumilitaw na talaga ang tunay na ugali pagdating sa mana. That's what I'm afraid of.
Anyway, I'll just be faithfull of what the law states for me, and I believe it favors my motive.
Pero kung meron mang Atty na pwede tumulong sakin, with my terms on payment, my number is 09051436120.
I hope I don't violate any rule by posting my mobile number.

THANKS AGAIN... AT GOD BLESS TO US ALL...


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