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Rights of Adopted Children

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1 Rights of Adopted Children on Thu Apr 07, 2016 8:35 am

cgmalabanan


Arresto Menor
Good day po!

Adopted po ako (pinalabas po sa birth certificate ko na nanggaling ako sa adoptive mom ko pero meron din silang written agreement ng biological mother ko stating na pinapaadopt nya ako) at patay na yung mga umampon sa akin pero may iniwan pong last will and testament ang adoptive mother ko. Then, itong perang mamamana ko, wala pa po sa kalahati ang ibinigay ng tito at tita ko. kinuha po ng tito at tita ko yung pera (knowing na hindi ako payag na gamitin nila) at ginamit nila sa pagpapatayo ng commercial building sa land property na may share rin po ako. 3 years na po mula nung naitayo yung building sa lupa (na may share pa rin ako) pero ni isang kusing wala po akong natanggap.

Ang tanong ko po:
1. May laban po ba ako dito kahit na gumawa sila ng titulo para sa building na hindi ako kasama sa mga may ari pero yung mana ko yung ginamit?

2. If so po, anong legal na hakbang po ba ang dapat kong gawin?

Thank you in advanced and God bless po.

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2 Re: Rights of Adopted Children on Thu Apr 07, 2016 9:47 pm

LandOwner12


Reclusion Perpetua
Malaki laban mo.if wala kang kapatid sayo lahat naiwang property. Wala cla. U got ur bc. Even simulated u r the rightful heir

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3 Re: Rights of Adopted Children on Thu Apr 07, 2016 9:57 pm

cgmalabanan


Arresto Menor
Thank you po sa sagot nyo, @LandOwner12 Smile

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4 Re: Rights of Adopted Children on Thu Apr 07, 2016 10:01 pm

LandOwner12


Reclusion Perpetua
Welcome.in fb i can give more refernces. U can add me

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5 Re: Rights of Adopted Children on Mon May 09, 2016 10:11 am

cgmalabanan


Arresto Menor
How can i add you po?

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6 Re: Rights of Adopted Children on Mon May 09, 2016 4:45 pm

Lunkan


Reclusion Perpetua
(My Tagalog is bad so I understood only part.)
In short: Adoptive children have same right as legit (=born inside marriage) biological children. (While illegit children only have right to half of what legit children have right to.)

MAXIMUM 1/4 part of the inheritance can be moved different than the law say about minimum.

Spouse and children inherit BEFORE sibblings to your adoptive mother.

So - IF I understand you corect enough - your aunt and uncle have right to 1/4 of the WORTH of the inheritance from your adoptive mother.

Best if you can get agreement with aunt and uncle by discussion.
If you can't reach agreement, ask Barangay Captain if he assist. (I mean if he is fair Smile

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7 Re: Rights of Adopted Children on Mon May 09, 2016 10:45 pm

cgmalabanan


Arresto Menor
Thanks for replying, lunkan. However, tho, i can't understand this part:

"MAXIMUM 1/4 part of the inheritance can be moved different than the law say about minimum.

Spouse and children inherit BEFORE sibblings to your adoptive mother.

So - IF I understand you corect enough - your aunt and uncle have right to 1/4 of the WORTH of the inheritance from your adoptive mother."


- so you mean they can take some parts (1/4) from our inheritance?

- do you also mean that my parents' siblings can only have the part if (for example) we werent here/born?


Can you please explain it further? Thanks for your patience and understanding Smile

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8 Re: Rights of Adopted Children on Tue May 10, 2016 1:38 am

Lunkan


Reclusion Perpetua
cgmalabanan wrote: - so you mean they can take some parts (1/4) from our inheritance?
IF I understood you corect, your adoptive mother had a WILL, which said aunt and uncle would get MORE than 1/4.
But the most that can be moved by will in your case is 1/4, so aunt and uncle SPLIT 1/4.
cgmalabanan wrote: - do you also mean that my parents' siblings can only have the part if (for example) we werent here/born?
No. They can get max 1/4 by WILL.
If they weren't any will saying they inherit part, then they would have got nothing..
((If it had been an OTHER case where there were no spouse or children, then sibblings can get all.))
cgmalabanan wrote: Can you please explain it further? Thanks for your patience and understanding Smile
No problem. I have good patience with people who try. And it can be hard to understand my English sometiimes Smile And law explainations can be hard to understand even when it's written in both writer's and reader's first langauge.

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9 Re: Rights of Adopted Children on Tue May 10, 2016 8:49 am

cgmalabanan


Arresto Menor
Oh okay now i get it, lunkan. However you misunderstood my first post Smile it was stated in my mom's will that all of the property that was left by my dad will be given only to us (my sister and i). But the thing is, my father's brother and in-law didn't give us the whole - they took the other half of the wealth and they used it to build a condominium (on a land property that my dad also left us with ) even if we didn't agree to it. We cannot do anything because they won't give us the money. Also, now that we were left with nothing, they allowed us to live here in the said condominium however they are still asking payments (rents and energy bills) from us. Can I refuse to pay it? Because 1. We don't have money anymore to pay them and 2. They used our money to build this condominium where we live in.

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10 Re: Rights of Adopted Children on Tue May 10, 2016 3:39 pm

Lunkan


Reclusion Perpetua
cgmalabanan wrote:Oh okay now i get it, lunkan. However you misunderstood my first post Smile it was stated in my mom's will that all of the property that was left by my dad will be given only to us (my sister and i). But the thing is, my father's brother and in-law didn't give us the whole - they took the other half of the wealth and they used it to build a condominium (on a land property that my dad also left us with ) even if we didn't agree to it. We cannot do anything because they won't give us the money. Also, now that we were left with nothing, they allowed us to live here in the said condominium however they are still asking payments (rents and energy bills) from us. Can I refuse to pay it? Because 1. We don't have money anymore to pay them and 2. They used our money to build this condominium where we live in.
Oh. What REASON to their actions do your uncle and aunt tell?
=Why do they claim half?

Did your FATHER had a WILL giving anything to your aunt and uncle?
If Yes - then he can't give them more than 1/4 anyway.
If No - ALL belong to you and your sister.

Possible exception: Is the LAND from your FATHER'S parents, and your father was "handler" of your uncle's part too until your father died?
If No, then it's no exception.
But perhaps that's why your uncle see it as half is his, and IF it's the exception that's corect concerning the PROPERTY, but OTHER assets of your father and mother, the uncle can't have right to half.

Actions:
The first or both depending of what you aim at now.
1. Yes refuse to pay the rent. Then it will be THEIR problem to make a case of it, if they want to.
The electric bill is some more complicated, because you don't want the electric to be shut off.
Who of you is on the bill?
Do your uncle and aunt get electricity from SAME meter so they will pay the bill anyway? CAN they pay if you stop paying them?
2. You want the rest of what belong to you and your sister. I don't know if the Barangay Captain do such. Ask him.
You say you are out of money. Then you can't afford to go to court NOW, but you don't need to do it at same time as p1.

Who is on the TITLE of the property?
Who pay the Property TAX?
Did any of SAME property belong to your uncle BEFORE your father died?
This is FIRST priority to get the title in your name (or sister's) to stop the risk your uncle can sell it "legaly" enough to fool the buyer.

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11 Re: Rights of Adopted Children on Tue May 10, 2016 5:08 pm

cgmalabanan


Arresto Menor
Because they are that greedy 😖

Nope, my father didn't left anything for his siblings.

The properties were all from my dad's parents. When my grandfather died, those properties were all transferred to my dad and his siblings and everything are eaqually divided. My uncle is not the "handler". A special power of attorney was only given to my uncle to represent my dad and their other siblings in receiving the payment for the other land property that was sold (because my dad was already dead that time but my mom was still alive then; and his siblings were in US). But it was stated in the SPA that my uncle would ONLY receive the payment AND HE SHOULD DISTRIBUTE IT EQUALLY TO HIS SIBLINGS OR THEIR HEIRS. But he didn't follow it and he used those money to build the condominium thay i mentioned earlier.

For the electricity bill, we have the same meter. And they are paying the condominium's expenses using its income.

My dad and his siblings are on the title of all the properties. I'm not sure,tho, who pays the property tax.

Thank you so much for answering my queries.

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12 Re: Rights of Adopted Children on Tue May 10, 2016 6:35 pm

Lunkan


Reclusion Perpetua
"My dad and his siblings are on the title of all the properties. I'm not sure,tho, who pays the property tax."
Not separated titles when they inheritated your grandparents?

" But it was stated in the SPA that my uncle would ONLY receive the payment AND HE SHOULD DISTRIBUTE IT EQUALLY TO HIS SIBLINGS OR THEIR HEIRS. But he didn't follow it and he used those money to build the condominium thay i mentioned earlier."
Oh I thought your uncle had TAKEN half of your fathers assets when he died. Or has your uncle done that ALSO?

Oh there is a SPA. It "only" need to be forced to be followed. I don't know if the police need anything more than the SPA to force your uncle,
and I don't know if the barangay captain have juristiction (=right to) to give order to the police concerning SUCH things. (I know BC have right to order the police concerning some types of cases.)
Ask first the police,
then the BC if needed,
but show SPA and ask as you EXPECT them to do it, because otherwice some say they can't just to hide they don't know or are lazy haha even IF they are suppoused to do it with the evidience you have.

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13 Re: Rights of Adopted Children Today at 10:30 am

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