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Inheritance query

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1 Inheritance query on Sun Jan 02, 2011 9:47 am

Taki


Arresto Menor
My brother died about 2yrs ago. He was married in 1979 but got separated (not legally)only after about a year, he does not have a child with his legal wife. He started another family in 1982 and had 3 children. There were no attempt to nuliffy or to annul his first marriage.

We ( me, my sister and mother) are now in the process of dividing the property left by our father who died 6 yrs ago.

My question is, legally who among the 2 families of my brother has the right to his share from the property left by my father? His legal wife whose whereabouts is unknown and we have not seen since she and my brother seperated 30 years ago or the illegitimate family?

We are planning not to include my brother's common law wife's family because of what they did to my old mother right after my brother died, but we want to know if we have legal grounds to back it up.

Thanks in advance!




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2 Re: Inheritance query on Mon Jan 03, 2011 1:35 pm

attyLLL


moderator
who died first, your father or brother?


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3 Re: Inheritance query on Mon Jan 03, 2011 3:09 pm

Taki


Arresto Menor
Hi atty,

Re your question on who died first. My dad died first. My dad died in 2004 and my brother died in 2008.

Thanks

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4 Re: Inheritance query on Tue Jan 04, 2011 4:10 pm

attyLLL


moderator
when your father died, he passed his property to his heirs including your brother. he owned a share of the father's property.

because it is inherited property, it is not considered a conjugal asset, but when he died, his legal heirs, namely his wife and illegitimate children inherited his property. i'm afraid you don't have legal basis to exclude them.

if you do, they will have to file a petition to rescind whatever distribution without them.


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5 Re: Inheritance query on Wed Jan 05, 2011 2:53 am

Taki


Arresto Menor
Oh i see. Pardon my ignorance, but can't we apply the "iron barrier rule"? I thought, illegitimate children cannot inherit from their unmarried titas and titos, lolos and lolas?


Thanks agian.

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6 Re: Inheritance query on Thu Jan 06, 2011 11:21 am

attyLLL


moderator
that is why i asked who died first. your brother died as a part owner of the property hence, his heirs have the right to inherit from him.

if your brother died first, the wife and illegitimate children would not be allowed to represent him in inheriting from your father.


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7 Re: Inheritance query Today at 12:12 pm

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