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Property Inheritance from An Unwed Aunt

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1 Property Inheritance from An Unwed Aunt on Sat Jan 22, 2011 11:58 pm


Arresto Menor
Hello! Please help me understand how a property (house and lot)of an unwed aunt who died recently, will be shared among her legal heirs.I want to help my mom settle things out legally and appropriately for all the legal heirs.

This is the situation:

1. My aunt (susie) died single. She belongs to a family of 5 siblings. Three of them (willy-deceased, dorie-living heir, susie) are the legitimate children of my grandparents while 2 of them (necy-deceased and agustin-living) are half-sis/bro.

2. Auntie susie adopted a child (Glenn), but his birth certificate indicated auntie susie's father (Lolo Bel) as his father. This makes Glenn, legally their half-brother, too.

3. The property she left is a house and lot which my mom (dorie) wants to sell to be shared among them. And, everyone agreed (dorie and agustin and the children of necy and willy).

4. However, there are a lot of accountabilities that have to be settled first (which dorie shouldered during auntie susie's illness and death.

5. The property is sold and the buyer will pay them anytime now. Dorie wants everything she spent for susie's illness and death, deducted from the proceeds of the sale of the property before this can be divided among them.And, Agustin is contesting it. By the way, Agustin, who has long been "missing" just recently showed up to claim his share of the property.

Here are my questions:

1. is it righ to assume that the half-siblings (necy, agustin and glenn) rightfully deserves any share in that property?

2. how do they divide the proceeds among them? I suppose the full-blooded sibling (deceased and living) gets more than the half-blooded one.

3. is it correct to assume that the children of the deceased siblings (full or half) legally gets the inheritance that are supposed to be for their deceased parent?

4. is it also right to question agustin's right to it by asking for a legitimate birth certificate indicating his legal "half-bloodedness".

5. Is dorie (who is the only living full-blooded sibling and the current custodian of susie's property) has the option not to sell the property and keep it as her own?

Please help me understand the situation better and advise my mom on this. Thanks a lot!!


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