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  1. Join Date
    Sep 2003
    Posts
    22,074
    #1
    Seeking property share from parents who are still alive pointless
    September 2, 2014 9:52 pm
    by Persida Acosta

    Dear PAO,

    I have three children. Two of them are staying abroad and my youngest son is living in the Philippines. My husband and I have always supported our youngest child who remains dependent on us. We, however, have stopped giving him support because he has been using his money for his vices. When he demanded from us his share in our property and we refused his demand, he threatened that he is going to file a case against us. Can our youngest son demand his share even if my husband and I are still alive? Can he still demand support from us?


    Vilma

    ___________________________

    Dear Vilma,

    One of the modes of transfer of ownership is succession. Under Article 774 of the Civil Code “succession is a mode of acquisition by virtue of which the obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by will or by operation of law.” Successional rights are only transmitted from the moment of death of the decedent. Thus, this is the mode of transfer of ownership of pieces of property of parents to their children upon the former’s death. As such, before their death, the parents can dispose of their pieces of property at will and without asking permission from their children. Since the right of children to their parent’s pieces of property is merely inchoate, a case that your youngest son may file against you and your husband to demand his share in your property will not prosper.

    As to support for your youngest son, Article 194 of the Family Code provides that “support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include expenses in going to and from place of work.” Thus, your youngest son is only entitled to demand for support if the same is in connection with his schooling or training for some profession, trade or vocation pursuant to Article 194 of the Family Code. Again, if the support is not based on the foregoing, a complaint for support would also not prosper.

    We hope that we have answered your query. Our legal opinion may vary if other facts are stated or elaborated.
    Seeking property share from parents who are still alive pointless - The Manila Times OnlineThe Manila Times Online

  2. Join Date
    Oct 2013
    Posts
    1,515
    #2
    parang the prodigal son, clearly his decisions are influenced by his vices, kung ako yan ako mag kakaso sa kanya at papakulong ko yan, kahit gano pa kasakit dapat gawin ang tama...

  3. Join Date
    Sep 2003
    Posts
    21,346
    #3
    Bunso na kup*l.......

  4. Join Date
    Feb 2008
    Posts
    5,179
    #4
    Kakaiba! Binuhay ka na, bibigyan pa sustento, tapos abuso sa mana.

    May salitik sa utak yung bata.

    Kung ako parents niyan, sell off all properties and give it to the 2 other children.

  5. Join Date
    Jul 2007
    Posts
    46,938
    #5
    Adik siguro kaya ganyan magisip.

    I watched a docu on tv where the 2 sons had the parenta killed for inheritance. It's a sick world.

    Posted via Tsikot Mobile App

  6. Join Date
    Oct 2002
    Posts
    15,525
    #6
    Quote Originally Posted by _Cathy_ View Post
    Adik siguro kaya ganyan magisip.

    I watched a docu on tv where the 2 sons had the parenta killed for inheritance. It's a sick world.

    Posted via Tsikot Mobile App
    naah it happens.
    eto ang nangyayari ngayon sa family ng wife ko.
    their eldest son (bro-in-law) really wants to sell their 480 sq. meter property in QC even though my mom-in-law is still alive and paghati-hatian na raw nila yung proceeds.

    pero di adik yung bro-in-law ko..... medyo mukha lang salapi.
    maganda naman ang trabaho.... may lot naman sa Sta. Rosa, Laguna.
    greed ang bottomline.

  7. Join Date
    Sep 2005
    Posts
    13,039
    #7
    sometimes greed and inggit.. ganyan nangyayari sa magkakapatid..

    kaya minsan maganda din na buhay pa magulang hati hatiin na.. para wala na angal ang mga magkakapatid.. pag patay na kasi parents... dyan nagkakagulo..

  8. Join Date
    Jul 2006
    Posts
    8,494
    #8
    Yep, maraming family na ganyan.

    In my case, sa paternal side of my wife's family, puro real estate squabbles. Buti nalang yung in-laws ko had a will.

    Money changes everything.

  9. Join Date
    Oct 2002
    Posts
    17,335
    #9
    Buti nalang kaming magkapatid, walang pinagawayan.... wala kasing naiwan para ipamana. May utang pa.

    Whether you're loaded or not, it's always best to have a will. Although kahit may last will and testament, may mga umaalma pa rin (as in the case of the Madrigals).

    And no, the douche kid has no right to ask for his share of inheritances. Dapat lalong hindi siya bigyan ng mana nyan.

  10. Join Date
    Jul 2007
    Posts
    46,938
    #10
    Quote Originally Posted by vinj View Post
    Buti nalang kaming magkapatid, walang pinagawayan.... wala kasing naiwan para ipamana. May utang pa.

    Whether you're loaded or not, it's always best to have a will. Although kahit may last will and testament, may mga umaalma pa rin (as in the case of the Madrigals).

    And no, the douche kid has no right to ask for his share of inheritances. Dapat lalong hindi siya bigyan ng mana nyan.
    That's true. My friend's Uncle was taken off the will for getting a starlet pregnant. When the matriarch died he contested the will. Umabot na sa court

    Posted via Tsikot Mobile App

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Do Your Children Have Right to Demand Inheritance if You're Still Alive?