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Inherited Property

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1 Inherited Property on Thu Jul 14, 2016 11:22 pm

Iceman


Arresto Menor
Hello,

I would like to seek advise about my case. My grandmother inherited a property in the province. In 2012 she started to get sick and was confined many times, after few years my grandmother died. Which makes my father (her only son) to inherit her property. Unfortunately my father also died due to an accident. We weren't able to process the papers of the property under my father's name. I would like to know what are the steps I needed to take in order to process the paper under our name? I have little knowledge about these things that's why I would like to seek advise. All my siblings are in abroad and I am the only one left here to do the task.

Also I forgot to mention that during the time that my grandmother was sick and was sent to the hospital many times her brother was the one who shoulder my grandmother's hospital bills. That's why he is claiming a part of the property of my grandmother. Although we are sending our grandmother financial assistance whenever she ask, her brother claims that he spent 250k php worth for my grandmother's hospitalization. We honor that claim but is it necessary to ask for a proof that he spent 250k for my grandmother's hospitalization? just to be sure that he really spent the said amount. If he cannot provide the proof, what are the options we can take so we can repay him any expenses he contributed for my grandmother?

Thank you very much.

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2 Re: Inherited Property on Fri Jul 15, 2016 3:14 am

Lunkan


Reclusion Perpetua
(I asume your grandfather is dead.)
Is the title in your grandmother's name?
Is your mother alive and your parents were married? Then PERHAPS she inherit over half. (I don't know the laws concerning when wiifes inherit inherited property.)
You need an extrajuridical process to make it clear you and your sibblings are the only hiers.

Asuming there isn't any will, your grandmother's brother don't have any legal right to inherit a part, but it's honorable of you to want to compensate him for the hospital bills.
It's up to you and your sibblings if you want proof or if you trust it's 250k. You can make an estimate if it seem corect depending of what treatment your grandmother got.
NOTE. Probably NOT but perhaps she had insurance which expect her to pay the bills, but then it REFUND part. IF that's possible, you can need to check if her brother got any of the refunds. (I don't know if it's like that allways, but I believe PhilHealth normaly pay their part direct to the hospital, so no refunds from them.)

Before you start the process, you and your sibblings better discus if
all will get part of the property
if one/some buy out the others
or if they give away their parts.
If not all get a part, then a special document is needed to tell that, so the title come DIRECT in corect name to avoid extra transfer costs.

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3 Re: Inherited Property on Fri Jul 15, 2016 9:05 am

Iceman


Arresto Menor
Hi Lunkan,

Thanks for your reply. Yes my grandfather is already dead (my grandparents were separated). My mother is still alive and my parents were legally married. Can my mother claim for my grandmother's property? As I heard that we siblings have the higher right to my father's inherited property from our grandmother. In that case do we need to process the paper under my mother's name as she is legally married to my father?

By the way I just learned that the property is still under my great grandmother's name. Although before she died she divided all her property to her children (in which one is my grandmother).

What are the steps I need to take? I am planning to go there to check the property, but there my problem still exist. I am clueless on what are the process I have to undergo (should I get an atty?, go to local municipality office?, etc..)

We siblings have agreed to get the papers first under my name then discuss afterwards what we shall do with it.

Appreciate your response.

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4 Re: Inherited Property on Fri Jul 15, 2016 4:34 pm

Lunkan


Reclusion Perpetua
"My mother is still alive and my parents were legally married. Can my mother claim for my grandmother's property?" It depend of if the property was conjugal or not. It depend of when they married and when your father inherited it. (The law has changed from being separate to being conjugal but I don't remember which year. Read in similar topics. An other, who know this much better than I, told it more compleete there.)
IF it's conjugal, then your mother own a bit more than half. Half by conjugal plus a share of the other half, same size as you children to your father get.

"In that case do we need to process the paper under my mother's name as she is legally married to my father? " You can chose to
1. put all in her name (some simpler)
2. or split the inheriitance now. (Then you get a part now, BUT will need to make a biger spliting process again when your mother die.)
If 1 then your mother can have power to sell it...

"By the way I just learned that the property is still under my great grandmother's name. Although before she died she divided all her property to her children (in which one is my grandmother). "
Is that split properly done legaly back then? Otherwice it will be a more complicated Extrajuridical process now.

I don't know how to do the Extrajuridical process. (I BELIEVE that's what it's called Smile
It don't hurt to ask the municipaly office. Register of Deeds is suppoused to know, but I don't know if they know or tell Smile
And I don't know if PAO assist with such.

I hope someone else can answer better Smile

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5 Re: Inherited Property on Sat Jul 16, 2016 9:57 am

attyLLL


moderator
when you go to the BIR to have the estate assessed, it is possible that you will be assessed three levels of estate taxes for each of the deaths of the great grandmother, the grand mother and your father.

it is not clear if your grandmother and father can be considered sole owners because you mentioned a grand uncle who might be a compulsory heir of your great grandmother in his own right.

i recommend you seek assistance from a lawyer or accountant who is experienced in estate law.


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