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Inheritance

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1 Inheritance on Wed Mar 09, 2011 12:46 pm

zmp1010


Arresto Menor
Namayapa po ang aming ama last 2005. Sa ngayon po, hindi po namin alam kung paano ang dapat na hatian sa naiwang bahay sapagkat sa lola ko pa po nakapangalan ang bahay na ito (2 lang po ang anak ng lola ko. daddy ko at tito ko).. Ang daddy ko po ay may anak sa una niyang asawa, 3 sa mama ko (ako at mga kapatid ko). wala rin pong naiwang will ang daddy ko.

Background
Ikinasal po ang daddy ko at ang una niyang asawa noong October 1969 at "nagkaroon" ng isang anak ngunit tumagal lang po sila ng 3 years sapagkat sumama sa iba ang babae. Noong 1987, ikinasal po ang daddy ko sa mama ko. Nalaman na lang po ng mama ko na ikinasal na pala ang daddy ko sa una noong ipinagbubuntis po ako(1989).

Ayon po sa lolo't lola,sa tito, at sa daddy ko po, mula po ng naghiwalay ang daddy ko at una niyang asawa noong 1972 hanggang sa mamatay ang daddy ko ay wala silang naging communication. Tsaka ayon po sa kwento ng daddy ko, hindi niya po alam kung talagang anak niya po yung ate ko sapagkat noong ikinasal sila noon ay buntis na po yung babae.

Sa ngayon po, yung unang asawa ng daddy ko ay may mga anak sa ibang lalake na halos kasunod lang ng edad ng ate ko. Maliban pa doon, nakalagay pa sa birth certificate ng mga anak niya na kasal siya sa mga tatay nung mga bata (february 1969). Ngunit nung vinerify nami nsa NSO, wala namang kasal ang nangyari.


Ang tanong ko po, paano po ang magiging basehan ng hatian dahil hinahabol po ng una niyang asawa yung share ng daddy ko kung saan kami'y naninirahan magmula ng maging mag-asawa ang mama at daddy ko (1987).

Tanong ko lang din po kung valid yung ginawang will ng tito ko na yung share po ng daddy ko ay mapupunta sa aming mga anak sapagkat hindi po nakagawa ng will ang daddy ko.

PS.
Sana po matugunan nyo ang aming katanungan kasi sa ngayon po magulo ang pamilya namin dahil nagkakaisa ang ate ko at nanay niya.


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maneko_neki


Arresto Menor
if u wanna hear my story please do a reply.

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3 Re: Inheritance on Sat Mar 12, 2011 11:53 pm

attyLLL


moderator
when did your lola die, before or after your father was married to his first wife?


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4 Re: Inheritance on Sun Mar 13, 2011 1:40 am

march14


Arresto Menor
Was there a valid marriage between your father and his first wife? was there an annulment?
was there a valid marriage between your mother and your father?
the validity of the marriages here contracted by your father is with utmost importance because this will determine the rights of all the parties involved including yours.
if there there was a valid marriage between your father and his first wife and there was annulment, then the first wife ceased to be an heir of your father at the time of death but your older sister will have the same rights as you have.
if there was a valid first marriage but no annulment, then the marriage of your mother and your father will be questioned. if this will be the case, the first wife and her daughter will have better rights than you have.

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5 Re: Inheritance on Sun Mar 13, 2011 1:36 pm

zmp1010


Arresto Menor
my lola died (1994) after my father was married to his first wife(1969).. Hindi po nakapagfile ng annulment ang daddy ko due to financial problems at nalaman niyang may pamilya na rin yung first wife. Tiwala po kasi ang daddy ko na hindi maghahabol yung first wife kasi mas nauna pang nag-asawa at pundar daw po ito ng lolo't lola namin at hindi pa naisalin sa kanilang pangalan.

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6 Re: Inheritance on Sun Mar 13, 2011 10:09 pm

march14


Arresto Menor
if there was no annulment, meaning there can be no valid subsequent marriage. therefore, the first marriage subsist and the first wife and her daughter has better rights over you. the share of your father to the inheritance of your lola was vested at the time of death of your lola, and at the time of the death of your father his share to your lola's estate is deemed to be owned by your father therefore constituting as part of his estate which the first family has better rights..

Tama ba Atty.LLL?

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7 Re: Inheritance on Sun Mar 13, 2011 11:22 pm

zmp1010


Arresto Menor
ay ganun po ba. wala po bang effect yung ginawang will ng tito ko? kasi po siya po yung nakausap ng daddy ko tungkol dito sa bahay bago po siya mamatay. biglaan po kasi ang pagkamatay ng daddy ko kaya hindi nakagawa ng will.

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8 Re: Inheritance on Mon Mar 14, 2011 1:46 am

march14


Arresto Menor
there are two kinds of wills, notarial and holographic. holographic will is one where the testator himself writes in his own handwriting his will. notarial will is one where the will is made with the help of a notary public. this kind of a will has many formal requirements which must be followed or else the will is void or does not have any effect.
in your case, the will that your tito made is not binding because it is neither of the two. generally a will must be made by the testator himself and not by other person except for the notarial will.

i think what you can do is investigate whether there was a valid marriage between your father and his first wife.

i hope that the trouble you are facing now will be settled. "all izz well"

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9 Re: Inheritance on Mon Mar 14, 2011 7:43 pm

zmp1010


Arresto Menor
thank you po!!

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10 Re: Inheritance on Sat Mar 19, 2011 9:30 am

attyLLL


moderator
if the property was inherited by your father after your he was married, then the property is his by himself and it is not conjugal property.

sharing of the property depends whether there was a valid first marriage. if no record exists in the nso, then the presumption is that there was none.


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11 Re: Inheritance Today at 3:01 pm

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