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legal heirs

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1 legal heirs on Tue Nov 21, 2017 3:29 pm

pande


Arresto Menor
Sino po legal heirs na dapat pumirma sa extra judicial if 6children heirs, 1 of the children dead?

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2 Re: legal heirs on Tue Nov 21, 2017 3:35 pm

Jadis

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Reclusion Perpetua
the spouse of the deceased (if still living), the five living children, and the heirs of the deceased child (spouse and children)

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3 Re: legal heirs on Tue Nov 21, 2017 4:07 pm

pande


Arresto Menor
pede ba hindi include ang spouse ng deceased child and mga children na lang ang papirmahin

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4 Re: legal heirs on Wed Nov 22, 2017 8:56 am

Jadis

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The spouse is a legal heir of the deceased child but not a legal heir of the parent-in-law. Unless the children are minors, it's okay if she is not included.

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5 Re: legal heirs on Wed Nov 22, 2017 1:02 pm

pande


Arresto Menor
clarify ko pa po kung tama

Example ako ang anak at ang namatay ang father ko, ung inheritance 50percent ang sa mother ko and kaming anim na magkapatid ay tig 8.33percent.

Ung kapatid ko na deceased na also get 8.33percent.
And since deceased na kapatid ko, ang half ng 8.33percent which is 4.17percent mapupunta sa spouse nya and 4.17percent paghahatian ng naiwan nyang anak.

Also what if minor pa ang anak ng deceased na kapatid ko?

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6 Re: legal heirs on Wed Nov 22, 2017 1:10 pm

Jadis

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Wait, who died first? the parent or the child? If the child dies first, the right of representation is available.

If the parent died first (because there are times that the estate of the deceased is not settled yet before one of the heirs dies), the child who dies later inherits in his own right, which inheritance must be shared by all the heirs.

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7 Re: legal heirs on Wed Nov 22, 2017 1:14 pm

pande


Arresto Menor
The child died first before the father.

Pede po pa explain yung right of representation.

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8 Re: legal heirs on Wed Nov 22, 2017 1:16 pm

Jadis

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Reclusion Perpetua
If the child died first, then the spouse is not included, only the children inherit by right of representation.

The wife of the deceased child will only participate as guardian of the children of the deceased child, if the children are still minors.

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9 Re: legal heirs on Wed Nov 22, 2017 1:26 pm

Jadis

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Reclusion Perpetua
MALI.

When a person dies, that automatically liquidates the conjugal partnership or absolute community that person had with the spouse. The share of each spouse in the conjugal partnership or absolute community is presumed half (except if there was a prenup). The spouse is also an heir of the deceased.

So when someone who is legally married dies, the property regime of marriage is liquidated first, and then the share of the deceased spouse is what is shared among the heirs.

Example: the entire estate is P160, and everything is community/conjugal property.

That will be liquidated and divided equally between the surviving spouse and the estate of the deceased. P80 as the share of the surviving spouse in the community/conjugal property and P80 to the estate of the deceased.

The P80 share of the deceased shall be divided among his heirs according to the rules of succession. If your parents were legally married, basically the legitimate children share equally and the spouse has the equivalent share of one legitimate child. So all of you legitimate children including your mother will get P10 each.

The share of your deceased sibling who died before your father, which is P10 shall be divided among his children only, because the spouse has no right of representation. Legitimate children get one portion while illegitimate children get half portion.


pande wrote:clarify ko pa po kung tama

Example ako ang anak at ang namatay ang father ko,  ung inheritance 50percent ang sa mother ko and kaming anim na magkapatid ay tig 8.33percent.

Ung kapatid ko na deceased na also get 8.33percent.
And since deceased na kapatid ko, ang half ng 8.33percent which is 4.17percent mapupunta sa spouse nya and 4.17percent paghahatian ng naiwan nyang anak.

Also what if minor pa ang anak ng deceased na kapatid ko?

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10 Re: legal heirs on Wed Nov 22, 2017 1:58 pm

pande


Arresto Menor
Pasensya na po nalito ako kasi 2spouses and 2sets of children ang involved. Lagyan ko po ng label if ok to explain again with the label.

I will name my father as A and my mother as B.

We the 6children are C. D. E. F. G, H.

My deceased sibling is E.

The spouse of E is E-spouse. The children of E is Echild1 and Echild2.

The inheritance for this example is P160.00

E died married with children. E died before A.

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11 Re: legal heirs on Wed Nov 22, 2017 3:20 pm

Jadis

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Reclusion Perpetua
Wait, six children. We should change the example then. Make that P140.

B gets P80. (her 50% share in the conjugal/community property and her share in the inheritance as an heir.)
C D F G H get P10 each.
E's children get P5 each. Total P140.

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12 Re: legal heirs on Wed Nov 22, 2017 7:16 pm

pande


Arresto Menor
Just to confirm my understanding, wala po share si E-spouse and di kelangan pumirma sa extra judicial kasi E died before A. With that scenario, E-spouse is not part of the legal heirs. Echild1 and Echild2 share equally what is due E.

B gets half which is P70.

B, C, D, F, G, H each received P10

Therefore B gets a total of P70 + P10 which equals P80.

Bakit pala si B may share pa sa hatian ng mga anak na si C, D, E, F, G, H eh meron na cya 50percent share nakuha sa P140?

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13 Re: legal heirs on Wed Nov 22, 2017 7:58 pm

Jadis

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Reclusion Perpetua
Because the legal spouse is a COMPULSORY HEIR.

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14 Re: legal heirs on Wed Nov 22, 2017 8:32 pm

pande


Arresto Menor
wow sobra linaw po ng explanation. Salamat Reclusion Perpetua.

While here on this topic, can I expound on another scenario.

What if E died after A? How is now the sharing of the P10 that is due E?

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