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need advice pls.

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1 need advice pls. on Sat Apr 09, 2011 12:42 pm


Arresto Menor
Hi atty. My father died 6 years ago leaving my mother with a house and two cars. I have 3 siblings and one of them keeps insisting his rights to the said properties. My mom sold the two cars and my brother keeps on telling that he should have been given his share in the properties of the cars that were sold. The other car by the way was given by another brother to my mother. There is another issue now that this brother of mine is pointing out. The house has 3 apartments for rent and this is the only source of income of my widowed mother. Last year, my brother and mother had an agreement that my brother shall be renting in one of the apartments and shall pay only almost less than half of the actual rent. It was smooth in the first months, but then since January of this year my brother was no longer paying the rent claiming that he has the right to live in that apartment for free and that he is just getting his share of the inheritance. He did not even talk to my mother or even us his siblings about his claiming of the property. He also uses the garage to park his cars and when my mother, due to her anger planned to close the garage, my brother was accusing her of harassment. Is this right? What are the legal rights of children in the inheritance? Our idea with my two other siblings is my mother is still alive and why would he insist on getting his share already? This is without even talking to us about it. Tama po ba na buhay pa yung magpapamana eh kinukuha mo na ang sinasabi mong mana mo?

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2 Re: need advice pls. on Tue Apr 12, 2011 6:32 pm


actually, your brother has some rights but maybe not as extensive as he believes.

assuming that the properties are all conjugal property, when you father died, your mom became owner of 62.5% (50% as owner in her own right, 12.5% inherited), and the kids got 12.5% each.

A co-owner is allowed to use the property.

your remedy is to settle the estate of your father, and separate the properties.

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