Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

decendant of an heir very irritating

View previous topic View next topic Go down  Message [Page 1 of 1]

1 decendant of an heir very irritating on Wed Jun 01, 2011 12:46 am

froilamps


Arresto Menor
Please i need an advise asap..
I live in my grandfather's house who died 15 years ago.. the said house and lot is the only property he has left for his 5 children w/c 1 of them is my father.. Now, one of my cousin, of legal age, want's to get his share of the undivided property for only P30,000 cash so that he will not harass my family anymore. his mother, sister of my father and a mother of 2, is considered dead since she cant be located for 2 decades now.
my questions are:
1. is it beneficial for us to just give what he asked?
2. does a waiver of rights do any good if we give him the said amount?
3. what is/are the best action(s) to do to get rid of my annoying and irresponsible cousin?
by the way, my cousin has been convicted of a crime and lives with us (my family-wife & kids)in the same roof but in another division of the house..

View user profile

2 Re: decendant of an heir very irritating on Thu Jun 02, 2011 7:26 pm

attyLLL


moderator
who are dead now? grandfather? your father? the cousin's parent?


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: decendant of an heir very irritating on Thu Jun 02, 2011 10:42 pm

froilamps


Arresto Menor
my grandfather died 15 years ago and my cousin's parent w/c we presumed dead since she cannot be located or contacted for more than 20 years now).. my father and the rest of the siblings work abroad.. that is why they let me and my wife take care of the said house.. but one of my cousin, after he served his sentence in prison, came to us and ask if he could live in the same house together with his girlfriend and her 2 children on w/c i also agree to it since the house is divided into 2 (duplex) and since he also has the right to the house.. the problem then arise..

View user profile

4 Re: decendant of an heir very irritating on Fri Jun 03, 2011 1:00 pm

attyLLL


moderator
when grandfather died, the property became co-owned by all the aunts, uncles and your dad. from a legal standpoint, the cousin has no property rights until his parent is at least declared presumptively dead.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: decendant of an heir very irritating on Fri Jun 03, 2011 11:16 pm

froilamps


Arresto Menor
when can we say that one is presumptively dead? 20 years of no communication i think is enough.. then it will give my cousin a right to the said property.. am i right? if that's the case, we cannot prevent him from staying in the said house.. is it right to just give him the said amount and let him sign a waiver or waiver of rights? or is there other way that best solve my family's problem?

View user profile

6 Re: decendant of an heir very irritating on Fri Jun 03, 2011 11:19 pm

froilamps


Arresto Menor
by the way i would like to thank you, at this point,for responding to my queries.. may u always do..
Wink

View user profile

7 Re: decendant of an heir very irritating on Sat Jun 04, 2011 2:08 pm

attyLLL


moderator
to go by the book, you have to file a petition in court to have him declared presumptively dead.

make a computation. perhaps 30k may turn out to cheap. have him sign a waiver. just note that if his parent suddenly comes out alive, the agreement will become invalid because it will involve a future inheritance, and that's not allowed.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

8 Re: decendant of an heir very irritating on Fri Jun 10, 2011 2:04 pm

froilamps


Arresto Menor
i see.. thanks a lot! hope this will help solve my problem..

View user profile

9 Re: decendant of an heir very irritating on Fri Jun 10, 2011 2:04 pm

froilamps


Arresto Menor
more power to you and this site!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum