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Badly Need Assistance - 2 Families Inheritance

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Iton


Arresto Menor
To anyone who has a dear heart, seeking assistance on how we can settle our inheritance with land. My mom is Wife #1.

My father had 2 wives.

Wife #1 has 3 children (C1, C2, C3)
C1 is dead, C2 married, C3 single
Wife #1 and father married way back in 1960s.
Our mother died around 1990.

My father married wife #2 after death of our mom.
Wife #2 has 2 children (C4, C5)
Wife #2 and father married around 2014

My father died 2015.

Pls. advise how are we going to split the land left by our parents. Land Title under - is combined Wife #1 and Father. Second family is asking their claims on the property.

Thank you so much for ur help, since we cannot afford a lawyer for fee right now.

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2 Hi Attorneys on Thu Nov 17, 2016 2:34 am

Iton


Arresto Menor
Pa assist naman po sana pano po maging hatian sa inheritance.. thank you..

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Lunkan


Reclusion Perpetua
Are all children your father's ?

Is wife 2 alive?

Is it same land as when you mother died?

Any other biger assets?
If so, then it's much more complicated, because SOME were suppoused to be splited between marriage 1 children back when your mother died.

It's even more complicated if wife 2 added assets to the marriage. Has she?

--
IF almost all assets are the land, all 5 kids are your father's and wife 2 is dead, then it's rather easy. You children get 1/5 each.

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4 Response to Atty's Question on Sat Nov 19, 2016 1:04 am

Iton


Arresto Menor
Thank you for the assistance in the response.

My Answer.
Wife #2 is alive
All children is by my father.
The land has my father's and mother's name (Wife #1) on it.

Wife #2 has zero asset added.

All assets are gained by Wife #1 and father.


Lunkan wrote:Are all children your father's ?

Is wife 2 alive?

Is it same land as when you mother died?

Any other biger assets?
If so, then it's much more complicated, because SOME were suppoused to be splited between marriage 1 children back when your mother died.

It's even more complicated if wife 2 added assets to the marriage. Has she?

--
IF almost all assets are the land, all 5 kids are your father's and wife 2 is dead, then it's rather easy. You children get 1/5 each.

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Lunkan


Reclusion Perpetua
Iton wrote:Thank you for the assistance in the response.

My Answer.
Wife #2 is alive
All children is by my father.
The land has my father's and mother's name  (Wife #1) on it.

Wife #2 has zero asset added.

All assets are gained by Wife #1 and father.
(Asuming there are no will - and asuming I think corect Smile

IF the land WASN'T inherited BY your father or mother, but they GOT it together, because otherwice it can be NOT conjugal by they married before 1987.

Legaly it's counted step by step.
When wife 1 died:
Your father inherited 5/8
and you 3 children 1/8 each.

When your father died;
Wife 2 inherit 7/12 of the 5/8 your father did inherited =35/96=ca 36,5 %
All 5 children get 1/12 each of the 5/8 your father did inherited =5/96 =ca 5 %

IF I think corect, you 3 from first marriage will NOT get anything when wife 2 will die, so the kids from the second marriage, will get their main parts then.

Summary:
3 kids from marriage 1 get around 12,5 + 5 % = around 17,5 % each.
Wife 2 get around 36,5 %
2 kids from marriage 2 get only around 5 % each now.

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johnlocke1290


Arresto Mayor
@Lunkan How/where did you get the computation?

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Iton


Arresto Menor

Hi Attorneys,

Case 1
So when wife #1 dies
shares pool is 4
3 children @ 1/4 each
father @ 1/4 each

Case 2
father remarried and passed away
shares pool is
POOL = 3 children + wife 2 + 2 new children
POOL = 3+1+2 = 6?

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Lunkan


Reclusion Perpetua
johnlocke1290 wrote:@Lunkan How/where did you get the computation?
(Asuming there is no will.)
When it's a common heritance with a conjugal property and one of the parents alive, then:
The alive spouse get half PLUS same as share as one child get.
So if there are three children, then the children get 1/4 each of the HALF to split after the spouse kept his/her part
= 1/8 to each child
and 4/8 + 1/8 = 5/8 to the spouse.

I have forgot in which law I did read it. I'm specialiced in business and tax laws Smile but found some other interesting laws during my researchs.

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Lunkan


Reclusion Perpetua
Iton wrote:

Hi Attorneys,

Case 1
So when wife #1 dies
shares pool is 4
3 children @ 1/4 each
father @ 1/4 each

Case 2
father remarried and passed away
shares pool is
POOL = 3 children + wife 2 + 2 new children
POOL = 3+1+2 = 6?
 Case 1:
Well. The pool is 8 if counting whole property.
If counting only half, then it become as you say plus the father "get" the half he had before.

Case 2:
No. FIRST get wife 2 half of the 5/8 the father got, when the first wife died.  AFTER that the REST of that 5/8 is split in 1/6 pieces as you said.

So it become as I summed it up earlier.  (The total sum became 99 % instead of 100, because I rounded the decimals when I counted, so everyone get a litle more so it become 100.)

I'm not attorney Smile I just studied some laws for my own use.

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