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Question on Inheritance

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1 Question on Inheritance on Tue Mar 01, 2011 9:55 pm

sweet_missha


Arresto Menor
My father died last year and he currently has three properties in his name. My question is, how will his properties be divided amongst his heirs? (ie after taxes has been paid, etc). He doesnt have a will.

Here is the family background:
My father and mother got married at 1980. They were blessed with two children (my brother and me) during the marriage. On late 1998, marriage got annulled. They didnt acquire any properties together at that time.

He left the conjugal dwelling on 1993, and subsequently lived with another woman, whom he married on 2007. They had three children, born on 1992, 1996, and 1998 (early that year). He and his wife produced a fake marriage certificate dated 1985 to be able to make the status of his three children legitimate in their birth certs.

My father has three properties, of which were acquired as follows:
- 2 were through deed of donation from my grandmother on 1997. The title is named as "XY married to XX". XX being my mother. My mother was not aware of this though.
- 1 was acquired through deed of sale, of which the status of my father was single. The sale was done after 1998, but before 2007.

What is then my, and my brother's right to these properties?
Does my mother have a share?
How about the share of the second wife, and that of thier children?
Are they considered as legitimate already?

Thanks and God bless.

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2 Re: Question on Inheritance on Wed Mar 02, 2011 4:01 pm

attyLLL


moderator
DELETED



Last edited by attyLLL on Wed Mar 02, 2011 6:07 pm; edited 1 time in total


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3 Re: Question on Inheritance on Wed Mar 02, 2011 4:21 pm

sweet_missha


Arresto Menor
Thank you Atty.

How about the second wife? Does she have a share on the first two properties, and the last one (the one acquired through deed of sale)? The last one was acquired before they got married. Will this one be considered their conjugal property (of which 50% is hers)? Or will it fall under Art 92. item 3 of the Family Code?

The birth certs have false data. The date of marriage there was on 1985, and at that time my parents were still married. They (father and 2nd wife) have two marriage certs, the fake one (1985), and the valid one, which was on 2007. If she uses the 1985 fake one, she could also be liable for bigamy right? Or falsification of documents? Can they be liable for falsification for the birth certs as well?

Thank you again and God bless.

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4 Re: Question on Inheritance on Wed Mar 02, 2011 6:02 pm

attyLLL


moderator
hi, so sorry, i missed the detail that they were married eventually in 2007 and that your mother was annulled.

what was the basis for annulment?


don't focus on the fake marriage cert. since they were married later, they would have been legitimated anyway.



Last edited by attyLLL on Thu Mar 03, 2011 9:46 pm; edited 1 time in total


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5 Re: Question on Inheritance on Wed Mar 02, 2011 9:59 pm

sweet_missha


Arresto Menor
Thanks!

Annulment was because of psychological incapacity of my father.

As for the 3rd property, this means that it will not be subject to what was stated in Art 92 item 3 of the Family Code? It states that:
Art. 92. The following shall be excluded from the community property:
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

Ok, thank you for clearing the legitimacy issue. I was advised before that my father had to adopt the three kids to legitimize their status (which he never did), even if they married on 2007.

Thank you again! God bless.

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6 Re: Question on Inheritance on Thu Mar 03, 2011 9:45 pm

attyLLL


moderator
Thank you for pointing that out, the short cut I remember from the exclusions in community property was "property from previous marriage". In fact, I had to bring out my old text book to make sure what is the proper interpretation.

Nothing is clearly said about properties acquired after annulment but prior to the next marriage, but upon reading the provision, it states before marriage, and was not restricted to properties actually acquired during the previous marriage.

Therefore, I have to consider your interpretation as the correct one. the third property should be considered separate property. the kids and the wife will inherit it in equal shares.

do you know when the 2 other properties were donated to your dad?


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7 Re: Question on Inheritance on Fri Mar 04, 2011 4:24 pm

sweet_missha


Arresto Menor
Thank you for the response!

The first two properties were donated on 1997. The annulment was granted on 1998.

Also, I would just like to clarify what is the implication of the ff article of the Family Code to the legitimacy issue:

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.

The three kids were all born at the time that my parents were married. The youngest was born early 1998. But since they are already annulled (late 1998), Art 177 will have no bearing anymore? And by Art 178 it means that they are legitimized because their parents got married by 2007?

Appreciate the clarification =)

God bless!

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8 Re: Question on Inheritance on Sun Mar 06, 2011 4:38 pm

attyLLL


moderator
ok, it is correct to state that article 177 is applicable. you are in a position to question their legitimacy because it affects your inheritance rights.

what is the situation now? is the second family communicating with you?


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9 Re: Question on Inheritance on Sun Mar 06, 2011 6:32 pm

sweet_missha


Arresto Menor
Thank you for clarifying! =) At least now we have an idea on the next steps that we should take.

Yes we are in communication. However, the income from the two donated properties go to their family, simply because the three kids are still in school. We just let them have it because the second wife is a housewife and does not have a job. My brother and I already have good jobs.

However, by law my brother and I are also entitled to the income, right? We just dont exert our rights because of their present need.

What brought me to this forum is because the second wife tells everyone that she owns half of all the properties, which basically pissed all three of us.

Aside from these three properties, the house on which they live in, is also in my father's name and was bought before they got married. So by Art 92, its not part of their conjugal property as well.

Whew, good to know! =)

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10 Re: Question on Inheritance Today at 5:56 am

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