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Inheritance

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1 Inheritance on Mon Mar 28, 2016 5:09 pm

Parcelsun


Arresto Menor
Ang Tatay ko po ay kasal sa aming Ina na pumanaw nung 1958, 5 po kaming anak nila apat na lang ang buhay pa. Nagkaasawa po ulit Tatay ko at nung 1985 ay natransfer po sa Tatay ko ang lupa minana nya sa Lolo ko. Nakalagay po sa Title married to (2nd wife). May 2 po siya anak sa 2nd wife. Pumanaw po Tatay ko last year. Isa po akong OFW at lately nabalitaan ko po na binebenta ng Step Mother ko yung lupa. May karapatan po ba siya ibenta ito? Ano po ang karapatan ng step mother ko at kaming magkakapatid sa una at 2nd wife. Maraming salamat po sa sasagot.

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2 Re: Inheritance on Mon Mar 28, 2016 6:44 pm

Lunkan


Reclusion Perpetua
The wife get a litle more than half.
The sibblings and the half sibblings get equal shares of the rest. (The dead sibbling get his share too, then it's inherited by his hiers.)

I don't know if the wife has right to sell it. I BELIEVE all hiers have to agree in WRITING. Her stepchildren have right to your shares anyway.

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3 Re: Inheritance on Mon Mar 28, 2016 7:41 pm

Parcelsun


Arresto Menor
@Lunkan Thanks so much for the quick reply. Does it mean that the whole land becomes conjugal property or only half of it. Correct me if I'm wrong, when my mother died, half of the land goes to my father and the other half goes to the siblings of 1st marriage. When my father remarried, that half becomes their conjugal property. Hope you could shed more light on this. Thanks a lot once again

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4 Re: Inheritance on Mon Mar 28, 2016 8:11 pm

Lunkan


Reclusion Perpetua
" Does it mean that the whole land becomes conjugal property or only half of it."
I don't know the rules when it's conjugal or not. I GUESS it was conjugal when he was still alive, but it isn't anymore.

As I wrote I don't know the conjugal part any good, but I BELIEVE it's like this:
"Correct me if I'm wrong, when my mother died, half of the land goes to my father and the other half goes to the siblings of 1st marriage. "
You corected ME corect Smile
I forgot to think of the inheritance when your mother died. If it was conjugal then, then I suppouse your father got a bit more than half* and you sibblings the rest of your mother's part.
Now stepmother get a bit more than half of the rest and all children split the rest equal from your father.

*The main rule (simplified valid mostly) is the surviving spouse KEEP his/her half PLUS get an equal share as one of the children.

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5 Re: Inheritance on Mon Mar 28, 2016 8:36 pm

Parcelsun


Arresto Menor
@Lunkan I really appreciate your clarification. Thank you so much. I am glad I found this wonderful website. More Power to this site...

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6 Re: Inheritance on Mon Mar 28, 2016 9:37 pm

Lunkan


Reclusion Perpetua
Parcelsun wrote:@Lunkan I really appreciate your clarification. Thank you so much. I am glad I found this wonderful website. More Power to this site...
Yes, it's a very good website.

(I'm a foreigner, who have studied some Philippine law to prepare my move there. I joined this website to learn some more, and have ended up answering when I know something Smile

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7 Re: Inheritance on Mon Mar 28, 2016 10:36 pm

LandOwner12


Reclusion Perpetua
Tama c lunkan with some reservations. U can add me un fb so i can explain to you interactively. When the property is congugal or community property. Inheritance of legit vs illigitimate. Etc

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8 Re: Inheritance Today at 6:15 pm

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