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Pls Help property rights

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1 Pls Help property rights on Sat Jul 09, 2011 11:31 am

potsdish


Arresto Menor
Good Day Po!

I was hoping someone here could help me. My mother died a year ago. My father gets all the pension and two properties. I have no problems with that until recently, my father is seeing another girl (with kids). Now, he is spending all the money to his new found family and not a single sent to me and my little sister. Do I have the right to demand to have portion of the pension and of the said properties (house and lot)?

Thanks so much and I hope to here from you soon

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2 Re: Pls Help property rights on Sun Jul 10, 2011 8:50 pm

attyLLL


moderator
is your sister still a minor? are you? how do you survive without assistance from your father? where are you staying?

half of those properties are part of your mother's estate while the other half is owned by your father as his conjugal share. assuming your parents are married, that half which is your mother's is divided equally in three between the children and the father.

interesting question on the pension. in my opinion, and i may be wrong, it becomes your father's exclusive property and you have no clear and direct right to it.

however, children, particularly minors, are entitled to support from the parent so your father can be made liable for economic abuse under ra 9262


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3 Re: Pls Help property rights on Mon Jul 11, 2011 9:47 am

potsdish


Arresto Menor
Hello!

Thanks for the reply, I'm 27 and my sister is 9. I am already working. But I'm having problem supporting my younger sister since I'm still paying for the medical expenses of my mother when she was treated for cancer (loans).
I am currently residing on one of the said property.

So I can claim about 66.67% of the 50% of my parents total property? that's good to hear.

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4 Re: Pls Help property rights on Wed Jul 13, 2011 3:38 pm

attyLLL


moderator
no, you and your sister can claim 2/3 of your mother's estate, or 33% of everything. it is your father who gets 67% of everything because half is his already his and he gets a partial share from your mother's estate also.


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