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right to inheritance -- need advice pls

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1 right to inheritance -- need advice pls on Mon Apr 11, 2011 12:32 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: right to inheritance -- need advice pls on Sun May 08, 2011 4:45 pm

under the law on sucession (civil law) the surviving spouse have the legal right over the properties including the fruits of the thing (rental) left behind by the decedent considering that he died intestate- meaning with out a will. The only way the siblings can have a feel and enjoyment of the said properties left behind if the surviving spouse dies.

It would be best that your mom execute her last will and testament fixing every property she have in order equally distributed amongst the heirs. A probate court will administer the partition and distribution of the estate according to what is written in the will. Jsut make sure the will should be signed by no less than three (3) witnesses, it should that the witnesses are realy there at the time of the signing otherwise it will be rendered defective and invalid.

With your facts presented, if your mom goes like your dad with out a will, for sure it will be a battle between siblings and might end up harsh and expensive for all of you left behind.

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