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Legitimate children VS Second wife

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1 Legitimate children VS Second wife on Tue Nov 15, 2016 10:56 am


Arresto Menor
I am currently seeking advice on my situation. My mom died 6 year ago. Technically her estate is divided among all of us children and my dad. We did not bother to look into it at that time because we were and grieving. We also trusted our dad would handle everything since he is the bread winner. (I do not know if he changed the ownership of the properties to solely his name and declared my mom dead).  

Now things changed, he has a GF and is planning to remarry. I now want to transfer everything such as properties, investments, etc. to all of us siblings to safeguard ourselves in the future. He is agreeable but verbally. We haven’t started the procedure, now I am torn, do I get a lawyer to help me draft the deed of sale/deed of donation? Or should he be the one working on it? (PS. I am just scared he won’t start ASAP).

Once the deed of sale/donation is signed by all parties and we file it in the registry of deeds and settle all the taxes – is the procedure done? Are we secure that the future wife (and future kids with the second wife) won’t have any claims?

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2 Re: Legitimate children VS Second wife on Thu Nov 17, 2016 5:33 am


Reclusion Perpetua
If there no last will, then the husband of a dead spouse has the authority over the conjugal properties as long as he can be found and alive afaik. If he cannot be found and not alive, then the legitimate kids as their legitimes being legitimate children.

He can actually sell the properties and not reqiure you as his children to agree with him. that is, even without requiring your full consent imho the other spouse keeps what is left by his/her dead spouse afaik.

If he remarries, he still owns fully all properties left by your mother as conjugal owner of a dead spouse unless ownership has been changed intentionally to both your father and his new wife as spouses. this could be circumstantial. whatever properties brought into after the 2nd marriage would be considered as conjugal properties between the new wife and your father. Try bringing your father to legal office and proceed your plan if he fully agrees.

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3 Re: Legitimate children VS Second wife on Thu Nov 17, 2016 11:02 am


Arresto Mayor
When did your parents marry? If they marry BEFORE 1987, then laws on family code is not yet absolute and your Father is not entitled to any inheritance EXCEPT if the estate was acquired after their marriage.

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4 Re: Legitimate children VS Second wife on Sun Nov 20, 2016 7:16 am


Reclusion Perpetua
In addition, if the properties are a cause to donation for your mother and/or as an inheritance say from your grandparents, these can be considered separated claims against conjugal properties if you can prove it in court.

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