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Inheritance entitlement

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1 Inheritance entitlement on Thu Oct 19, 2017 11:18 pm

Krxy


Arresto Menor
my grandfather married twice and bought land with 2nd wife, will the first wife’s childrn have the same entitlement of the land as the 2nd wifes children? So now they want to sell the land but will only give half amount to the first wife’s children because the land was bought during the second wife. Is it legal of the 2nd wife’s children to give only half to the first wife’s children

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2 Re: Inheritance entitlement on Fri Oct 20, 2017 3:30 am

Ladie


Prision Mayor
Hi, I am not a lawyer, but would only like to share my little knowledge. (1) to whom is the land titled to? (2) If to your grandfather, is he still alive? I ask this because no inheritance unless the testator is already deceased. (3) Assuming the land is titled to your grandfather and was acquired after the second marriage, then the property becomes the conjugal property of your grandfather and second wife. (4) Assuming your grandfather was legally married to both the first & second wife, the kids from first wife & second wife are entitled from the half of the property which is your grandfather's portion on the conjugal property, while the other half is the second wife's Kid's inheritance on their mother's portion of the conjugal property.

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3 Re: Inheritance entitlement on Fri Oct 20, 2017 4:01 am

Ladie


Prision Mayor
Hi, in continuation, (6) assuming the property. is sold for P100,000, 1/2 of P100,000 equals P50,000 equally divided among the kids of the first wife and second wife. The other P50,000 divided among the second wife's Kid's.

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4 Re: Inheritance entitlement on Fri Oct 20, 2017 9:38 am

Krxy


Arresto Menor
My grandfather and his wife are deceased. First and second we’re both legally married if I understood you right, the first wife’s children will only get 1/4 of the amount and the 3/4 to the 2nd wife’s children. Is that correct?

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5 Re: Inheritance entitlement on Mon Oct 23, 2017 7:15 pm

Ladie


Prision Mayor
No, inheritance is by individual heirs; hence, it's not by fraction of the value of the property. In short, assuming 1st marriage kids are 3, and 2nd marriage kids are 4, giving 7 total heirs of your grandfather in which your grandfather's 50% conjugal property portion of P50,000 divided equally among the 7 heirs. The other half 50% of the conjugal property of P50,000 will be equally divided among the 4 heirs of your grandfather's 2nd wife. This method of computation is applicable ONLY IF BOTH MARRIAGES OF YOUR GRANDFATHER ARE LEGAL. Try to read the Family Code of the Philippines. May I ask, who passed away first, your grandfather or his 2nd wife?. Just curious, does your grandfather leave any other properties in his name regardless when he acquired them? Ladie

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6 Re: Inheritance entitlement on Thu Oct 26, 2017 1:46 am

Krxy


Arresto Menor
Appreciate the answers Ladie. Thank you so much. They’re doing the computation like you said.

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