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INHERITANCE ESTATE / ESCHEAT DORMANT Bank Acct. - ILLEGITIMATE CHILD

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JENIVEE


Arresto Menor
Hello Attorneys,

Good day.

I want to seek advised regarding my husband's father estate.   My husband's father own a residential and commercial building.  My husband is illegitimate child but is filiated and recognized by his father which he use same surname with his father .  After 13 years from the death of his father (with no will) his father's nephew want to administer the building but that doesn't pursue due to barred by the legal wife (American citizen) of his father.  After that happened and case closed, the wife of his father paid the amt. of the lot to his father's siblings since it was from his father's father which was in common with his siblings.  

Now, My husband ask the caretaker of the building that he don't have anymore inheritance 'coz it was already transferred to the wife and recently the wife of his father was just died.  

The legal wife and my husband's father has no child.


Questions:
Can my husband has the right to petition since he was deprived on participation of the estate?  

Moreover, My husband's father has a dormant bank account which was already in escheat.  Can he still reclaim it?  
We just found out that, according to the caretaker it was only him (my husband) can get it.  Well its quiet an amount.   We are not sure if my husband is the beneficiary but undoubtedly his the only heir.

What steps/procedure we can do about it, escheat (25 years)?

Hoping for a kind reply.

Thank you,
Jeni

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Lunkan


Reclusion Perpetua
(This is NOT my speciality but I know a litle.)
How come your husband didn't get his share 13 years ago?

How come the whole property could be transfered to the wife without your husband got anything??
Wasn't your husband known by the inheritance handlers?

" the wife of his father paid the amt. of the lot to his father's siblings since it was from his father's father which was in common with his siblings. "
Oh the wife have BOUGHT parts from the father's sibblings. How come it wasn't cleared with your husband then too?
How big part did belong to the father?

Were they married before around 1988 when the law changed?
If not and IF I think corect your husband had right to get at the death 1/4 of the assets the father and his wife had together, and the wife get the rest.

I don't know how long time after claim can be made at bank acounts
but concerning real estate claims have been raised after a lot of years.

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merson0310


Arresto Menor
tanong ko lang. kasi yung lupa na tinitirhan namin ngayon ay mother title pa na nakapangalan sa lolo ng asawa ko pero patay na ang lolo at yung tatay ng asawa ko na anak ng lolo at asawa ko(ibig sabihin patay na ang lolo, yung anak nya at asawa ko) ngayon ang susunod na magmamana ay yung dalawang anak ko na 17 at 14 yrs old. gusto na ng ibang tagapag mana(5 pang anak nung lolo) na ipaghiwalay hiwalay na ang tittle, hinihingian lang ng ID sa school yung mga anak ko para daw ilagay na sa pangalan nila yung title, okay lang ba yun kasi mga menor de edad pa sila? at wala bang magiging share kami ng byanan kong babae na legal ding asawa ng anak nung lolo? maraming salamat po and more power.

NOTE: legitimate ang 6 na anak nung lolo at legitimate din ang mga anak namin na asawa ko



Last edited by merson0310 on Thu Aug 18, 2016 7:57 am; edited 1 time in total (Reason for editing : for additional info)

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JENIVEE


Arresto Menor
Hi Atty. Lunkan,

Thank you for your reply.

My husband always thought that he don't have any part of share due to his illegitimacy.
We don't know how the wife transferred everything on her name.  

Just we knew now, that he (my husband) was on search before but the address was wrong.  My husband was born 1979 and raised in different province by her aunt 'coz her mother died when he was 6 yrs. old.  Yes, the wife known my husband since on his childhood times his father used to fetched him and went to there place once they are in Phils.

Yes, the wife somehow bought the lot from his father's siblings so that no one could ever file any claims on it from the father's side, which we also knew now according by the caretaker.  

Perhaps, the wife doesn't gave much on intention of searching my husband.

The part of the father is the whole building itself and so as well part of the lot (Approx. 500-600sqm).  

Yes, they are married before 1988.  


Now, my husband appeared to them(caretaker) since the niece searched him through fb because the niece of his father is too aggressive to reclaim all the property and wants to ally with him.


Do the niece has the rights?
Do my husband, still has the rights since they married prior to 1988 and his father died 1991?


Appreciate much reply.

Jeni

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Lunkan


Reclusion Perpetua
(I'm not Atty have just read some laws.)
"Yes, the wife somehow bought the lot from his father's siblings so that no one could ever file any claims on it from the father's side, which we also knew now according by the caretaker.  "
Well. The sibblings can't but your husband can.

"they are married before 1988.  "
Oh. Then it wasn't conjugal, which I suppouse mean your husband have right to MORE than 1/4. I don't know how much. Perhaps even the whole part of the property.

Has your husband contacted the wife to get some?
Perhaps she give part volontaringly finding it fair or to avoid court case.
Is the wife still owner of the property in the Philippines?
Is she NOT Filipina blood at all?   Then she isn't allowed to own more  property than she inherit   Smile

I don't know if it's to late for the bank acount. What does the bank say?

You can ask if you can get assistance from PAO.

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JENIVEE


Arresto Menor
Sir Lunkan,

The wife already died last 2012, and they don't have the chance to talk since she was in US and no means of contact (We just found an Obituary from the internet).
We don't know yet if she has any will.  Yes, she is not a Filipino citizen.  

According to the caretaker she transferred all the names of the property to her, but we doubt it.  All the documents are with the hired lawyer of the caretaker.

I appreciate much all your replies.  Thank you so much for enlightening us.  

Very Happy

Jeni

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7 DOAS / DOD or Extrajudicial Settlement? on Tue Aug 23, 2016 6:50 pm

blueangel1084


Arresto Menor
Hi, I've been reading a lot po on the process to settle and legally transfer a parcel of land. So eto po ang scenario namin:


We are talking about a parcel of land owned by a deceased Grandfather (no last will & testament) but the grandmother who is the legal wife is still alive at this time. They have two children, a son and a daughter.

The Grandmother wanted to settle the distribution while she's still alive, so they talked and came to an agreement that the son will just cede his inheritance to this land and give the FULL ownership to her sister since he already have several properties under his name.

What kind of document should be presented based on this kind of agreement? And how does the transfer of title be settled po?

Thanks in advance!


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JENIVEE


Arresto Menor
Hello Sir Lunkan,

Follow up on the above queries I sent. I just wanna know the limitation of (SPA) Special Power of Attorney if the grantor dies. The attorney in fact has all the rights, like owning, selling or donating the property?

Hope for your reply.


Thanks,
Jeni

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