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rights of legitimate children and step mom with property of deceased husband

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bunso


Arresto Menor
hi good pm..my mom died in 1980's ( they had 4 children and i am the youngest), then my father got married again and they had only one child born on 1983. Before my father died last 2008, he gave us a 2500 square meters of land inherited from his parents. he equally divided it into 5 (4 children from his first wife and 1 child from his second wife). During his marriage with the second wife they bought 1 hectare land. My father died last 2008 without a last will. Now the 1 hectare land is being sold by my step mom. Do we have a right on that property? What's the proper division of inheritance for us 5 legitimate childrens and surviving wife? Please help me..i just really need to know if we have right, because we're afraid that when my step mom dies, her daughter will get all the money from that sold land..Thank you so much and hope to hear from you soon..

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attyLLL


moderator
assuming the previous conjugal partnership was liquidated, half of that 1 hectare property was part of your father's estate and that half should be divided equally between the children and the wife.


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bunso


Arresto Menor
so does it mean the half of that will be automatically given to surviving wife, then the other half will be equally divided into 6 (5 childrens and wife).. am i right? thanks

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bunso


Arresto Menor
parang wala pong liquidation na nangyari sa properties nila after death of my father..panu po yun?

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attyLLL


moderator
then your remedy will be to file a petition in court to enforce the rights over the property, and to declare that the second marriage was under complete separation


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