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Inheritance

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1 Inheritance on Wed Jan 18, 2017 8:44 am

Yurimao


Arresto Menor
Please enlighten me.. My parents bought a property after they got married. I am an only son/child. Many years after, my mother died. After that  We found out that my mother lend money from a relative (no documents)and she offered the property as payment. (No documents). So this relative is claiming that she now owns the property. To make it more complicated, my father revealed to me that he had a child with a different woman and that child is carrying our family name. The mother of this child is also claiming his child's portion.
What are the laws about inheritance? What should I do? What are my rights? Because I want to keep the property for me and my father only. But my father, his child, and the relative are very eager to have their part. I will really appreciate your reply. Thank you.

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2 Re: Inheritance on Wed Jan 18, 2017 9:28 am

Lunkan


Reclusion Perpetua
1. Debt? :
What does your father say about the loan with the property as collateral?
If he didn't know of any loan, then that was illegal anyway, because your father as part owner would need to agree to use it as collateral.
So if your father didn't know of the loan, then you can say what I wrote to the relative to the relative and then you can ignore it. Then it's up to the relative if trying to make a case of it.
If the relative can prove your mother have got much money, then you can discus if you want to give anything to the relative. Perhaps it can be fair to give the relative the value of your mother's HALF IF the loan was big enough. Your father's half would be wrong to use as collateral anyway, if your father didn't agree to the loan. Unclear how a court would decide. I mean if they do corect Smile Sure not more than half, perhaps nothing because of the loan was illegal if your father didn't aprove it.

2. Inheritance after your MOTHER:
(Asuming there is no will. )
Your father 1/2 of WHOLE.
Then your father and you split equal what's left of your MOTHER'S half after p1 debt is solved.
The illegit child of your father get nothing NOW.

3. When your FATHER die:
Count away the part you got from your mother.
Of your father's share
you get 2/3
and the illegit child get 1/3.
The shares can be changed a bit if your father make a will, but the will can't make a share 0 for neither you or the illegit child.

..
You can try to negotiate to buy out other, if the other agree. But if that's to cover p1, then you better make it in your name, if it's you who pay, so the illegit child don't get some of what you have paid yourself.

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