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Title Transfer to Legitimate Heir

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1 Title Transfer to Legitimate Heir on Fri Apr 27, 2018 8:26 am

bagzanthony


Arresto Menor
Dear All Respective Attorneys,

I would like to seek for an advice in behalf of my wife (sole heiress).

She has 3 illegitimate siblings. Her mom died without any last will. Her mom acquired few properties (titled & untitled). Since her siblings illegitimate are much older than her, they are the one's running the show and ended up having an internal disagreement between the family, or to put it simply, not in good terms.

I would like to seek an advice if my wife can properly divide the properties without any consent from her siblings, coz any signatures ti be taken from her siblings would be next to impossible.

Your responses, comments, insights and experiences are gladly appreciated.



Anthony Baguion

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2 Re: Title Transfer to Legitimate Heir on Tue May 01, 2018 7:37 am

attyLLL


moderator
if no settlement can be reached voluntarily, then her recourse is to file a petition in court for settlement of the mother's estate


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3 Re: Title Transfer to Legitimate Heir on Wed May 02, 2018 6:10 am

bagzanthony


Arresto Menor
Approximately how long would it take for the petition to be granted?
Also, if her siblings is currently working abroad, is it compulsory to have all their signatures?

Your response is very much appreciated.

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4 Re: Title Transfer to Legitimate Heir on Thu May 03, 2018 11:50 pm

arnoldventura


Reclusion Perpetua
Assuming that they are all here in the Philippines, it is still unlikely that you will be able to secure all their signatures, you may have no other alternative but to file a settlement of estate case in court (but still, you have to ensure service of summons to all, which would be difficult if some of them are abroad). Such court case, however, will not give your wife the power to decide on who gets what, and how much. The court will be the one to do that, in accordance with the laws on succession. Since your wife is the only legitimate child and all her siblings are illegitimate, then all such siblings will get only half of what your wife is entitled to. https://www.alburovillanueva.com/wills-succession-inheritance

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5 Re: Title Transfer to Legitimate Heir on Fri May 04, 2018 4:06 am

bagzanthony


Arresto Menor
Thank you for the reply.
I have now the idea in a more bigger and clearer picture..

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