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died without leaving a WILL

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1 died without leaving a WILL on Fri Nov 12, 2010 9:32 am


Arresto Menor
Hi to all, my friend's grandfather died leaving without a will. His wife is still alive as well as his 4 daughters. The problem is, the eldest daughter argued that she should possess a bigger percentage of their father properties(LOT), I don't know for what reason why she had that claimed. Anyways, My friend's mother wants to get her appropriate share. What will be her first step, or what legal action will she initiate so does she can acquire the right percentage of the properties(LOT) of their father. What if the eldest daughter sold most of the portion of the LOT?

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2 Re: died without leaving a WILL on Fri Nov 12, 2010 4:24 pm


Prision Mayor
We are in the same situation you are now. If the property is a conjugal property, half of it should have been liquidated to the 4 daughters and surviving wife through either an Extrajudicial Settlement of the Estate or Judicial Settlement of Estate. Actually if it is indeed a conjugal property, half of the property already belonged to the 4 daughters, and the other half no heir can demand an inheritance or right over it because the wife is still alive. Only then the 4 legal daughters/heirs can have inheritance over it. This is what happened to us. It was too our problem when my mother went with the Lord 13 years ago, and is still a problem, now that my father passed away recently leaving us problems with taxes, documentations, etc. Why not try to go to I did and was a great help!

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3 Re: died without leaving a WILL on Sat Nov 13, 2010 4:07 pm


the eldest daughter can only sell her share of the property. is it not titled?

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4 Re: died without leaving a WILL on Mon Feb 04, 2013 6:43 pm


Prision Mayor
I guess the heirs of the grandfather with the surviving wife should talk to go on an extra-judicial settlement of the his estate. In fact, according to the Family Code, the surviving spouse should have had liquidated her deceased spouse portion of the estate within one year from his death. If this was not done, naku... maraming kuskos balungos na gastusin at mga papeles na kailangan iproduce...

I am not a lawyer, I am talking about our own experience...huhhuhhuh... wah...wah... Crying or Very sad

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