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Inheritance

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1 Inheritance on Thu Jun 22, 2017 10:59 pm

Anne Orquejo


Arresto Menor
Hi!
Is it possible to take your siblings off the so-called inheritance like land ownership?

For instance, I am the ate and I will take my youngest brother off the names of the owner of the land. My purpose is to spite my brother's wife so that they (wife and children) will not recieve a part of the land or even stay there.

Note: it's not me.

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2 Re: Inheritance on Fri Jun 23, 2017 2:04 pm

Jadis

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Reclusion Perpetua
If you are not the owner of the land then you have no right to do that.

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3 Re: Inheritance on Fri Jun 23, 2017 3:16 pm

Anne Orquejo


Arresto Menor
There are 4 siblings, all of them have a claim on the land - albeit no papers yet. Just the eldest wants to remove the youngest from land title owners to prevent the (youngest's) family from having a claim.

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4 Re: Inheritance on Fri Jun 23, 2017 3:46 pm

Lunkan


Reclusion Perpetua
Anne Orquejo wrote:There are 4 siblings, all of them have a claim on the land - albeit no papers yet. Just the eldest wants to remove the youngest from land title owners to prevent the (youngest's) family from having a claim.
If there are no will, then all sibblings have equal shares of the TOTAL value of the inheritance. Normaly that mean all sibblings have equal shares of the real estate.
That can be changed by
/someone got other values from the inheritance (if agreed by the one who got different)
/someone waved (=gave away) his/her share or part of if
/someone is bought out from a property (or business). But that's as a sell so BOTH sides have to agree to it and sign needed documents.

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5 Re: Inheritance on Fri Jun 23, 2017 5:28 pm

Jadis

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Reclusion Perpetua
You cannot unilaterally exclude your brother.

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6 Re: Inheritance on Mon Jul 03, 2017 1:09 pm

Ladie


Prision Mayor
You can settle the property problem by either judicial or extrajudicial settlement read rules 74 of New Rules of Court wherein this will be publish in newspaper that for two years those creditors of the property or heirs may claim.
_________
I am not a lawyer but this what we did on our parents properties.

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7 Re: Inheritance on Thu Jul 20, 2017 2:28 pm

Wyzant


Arresto Menor
Pwede po mag seek Ng advice? Halimbawa po 8 kaming magkakapatid nag agree Ang 7 na ibenta na ang inherited property since may buyer na..si isang kapatid ayaw pabenta Ang lupa.. what can we do about this?

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8 Re: Inheritance on Thu Jul 20, 2017 2:59 pm

Jadis

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Reclusion Perpetua
Wyzant wrote:Pwede po mag seek Ng advice? Halimbawa po 8 kaming magkakapatid nag agree Ang 7 na ibenta na ang inherited property since may buyer na..si isang kapatid ayaw pabenta Ang lupa.. what can we do about this?

You have to go to court. See Art. 491 of the New Civil Code.

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