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

[Monseratto]

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

[Stigg ma]

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...

[chua_riwap]

Bunso na kup*l.......

[[archie]]

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.

[_Cathy_]

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.

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[1D4LV]

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.

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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.

[_Qwerty_]

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..

[lowslowbenz]

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.

[vinj]

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.

[_Cathy_]

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

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[Syuryuken]

may kilala din akong ganyan buhay pa ang parents pinag-aawayan na ang mga ari-arian kaya ginawa ni parents hinati-hati na after ilang months parang taong grasa na yung isa nabenta lahat yung manang bukid pati yung 2 doors na apartment sa kasusugal wala pa silang trabahong mag-asawa.

yung dapat mana naming magkakapatid na lalaki (bahay at lupa) ibinigay lahat namin sa kapatid naming babae rason naman namin wala siyang titirhan pagtanda niya.

[_Cathy_]

yung dapat mana naming magkakapatid na lalaki (bahay at lupa) ibinigay lahat namin sa kapatid naming babae rason naman namin wala siyang titirhan pagtanda niya.

Sana ganito lahat ng magkakapamilya

May kilala din ako na hindi na humati sa mana yung mga kapatid kasi siya naman nag-alaga sa nanay nila. The daughter quit her job and was hands-on with her mother until she passed away. Pa consuelo ng mga kapatid, lahat ng mana sa kapatid na nag alaga na binigay.

Children should always go through life thinking that they will have no inheritance. May iba kasi nagiintay na lang ng mana e

[[archie]]

I think it's a standard na bigay talaga house sa girl na anak.

Well ganon samin. Reason is mas dehado girl kung sakali may saltik maging asawa.

Boys should be able to provide for his future or present family.

[Walter]

Legally, one can disinherit someone provided it's within reason like vices, drugs, etc.

[dr. d]

of course your children have the right to demand their share of inheritance while you're still alive.
just as you have the right to simply say, "No!". and that's the end of it. and you don't have to explain yourself, either. no court in the land will decide against you.

when my father died, he died poor. napag-hatian na legally ang lahat before he passed on.. walang away-away.
'twas a perfect going-away gift for us...

[Lew_Alcindor]

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..

Naku yan lagi sinasabi ko sa nanay ko. Ayusin na lahat ng lupa niya kasi silang magkakapatid parang verbal pa lang amb agreement. Tapos wala djn kaming idea kung anu ano ang meron siya.

Ni-try niya ibenta yung isa. Ni consult pa kami pero sabi ko kahit anu gawin niya dun sa lupa niya ok lang kasi kanya yun.

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[yebo]

yung dapat mana naming magkakapatid na lalaki (bahay at lupa) ibinigay lahat namin sa kapatid naming babae rason naman namin wala siyang titirhan pagtanda niya.

Same here syur, sa kapatid kong babae lahat. Ako nagpatayo ng bahay ng parents ko sa quezon city pero sinabi ko na sa lahat na sa sister ko yun, pati na yung lot at farm land sa province.

In answer to the ts, NO, walang rights mag demand ang child from the parents, patay man o buhay. Pwede pa nga hindi ma-include sa hatian kung may will. In fact pwedeng ibigay ng parents lahat to charity or whoever they want to other than their children. Children should never expect to inherit anything from their parents.

[dr. d]

parents can do what they will to the properties, for as long as they are alive. but once they die, all properties up for inheritance shall be divided among the heirs:
children and surviving spouse get half, to be divided equally among them; and the surviving spouse get the other half.
recognized illegitimate children get half of what a legitimate child gets. un-recognized ones get nothing.
kabits get nothing.

if the division is in-equitable as is described above, there must be written justification in the will. if none, then those who feel short-changed can go to court.

[e2romo]

parents can do what they will to the properties, for as long as they are alive. but once they die, all properties up for inheritance shall be divided among the heirs:
children and surviving spouse get half, to be divided equally among them; and the surviving spouse get the other half.
recognized illegitimate children get half of what a legitimate child gets. un-recognized ones get nothing.
kabits get nothing.

if the division is in-equitable as is described above, there must be written justification in the will. if none, then those who feel short-changed can go to court.

This is exactly the correct legal answer to this question.

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[jon777]

I think it's a standard na bigay talaga house sa girl na anak.

Well ganon samin. Reason is mas dehado girl kung sakali may saltik maging asawa.

Boys should be able to provide for his future or present family.

The ethnic chinese, being patriarchal customary gives the house and other real estate properties to their sons only. The sons should be given a head start and be able to provide to his family while the daughter gets nothing since the husband should provide for his wife and children

Regarding the topic, i have a close friend a scion of a retail Tsinoy tycoon whose real estate properties where distributed equally to sons and daughter a few months before the mother succumbed to cancer. Nothing was left in the dad's name. Reason: the mother feared that the father would squander everything so she took the risk of dividing everything to their children. Yung tatay naman ngayon yung minsan humihingi ng pera sa mga anak hehehe....