inheritance question

[nugundam93]

here's the background anyway.

when my dad was single, he buys a lot and builds a house on it. he names his parents as co-owners, but it was only my dad who was the main source of funds for the house and lot since my grandparents did not have any income during that time.

main question is - who would be entitled to inherit it and by how much (in percentage) if all three pass away?

after he said he consulted with a lawyer, dad kasi said na if all three pass away, my sis and i would be getting half of the property, and my dad's brothers and sisters daw would be getting the other half, and my sis and i would also get his 1/9th of the 1/2 (since 9 silang magkakapatid).

i have a feeling something's wrong with what dad said.

frankly, i don't plan on settling down on that lot...too many bad memories and the place itself isn't conducive for health reasons (dami tricycle na super usok)...lumalabas lang na "why the F*** aren't my dad's brothers and sisters trying to look for their own separate homes?" i mean, for 27, ni hindi man lang sila naghangad to shelter their own families in their own homes.

hope i made sense. just ranting. para ngang gusto kong ilagay sa goon squad eh. hehehe.

nabubuwisit lang ako kasi sa brothers and sisters ng dad ko, and their respective spouses. kami pa pinalalabas na masama sa dad ko, samantalang we'd be the first to be there when they need help or we'd be the first that they'd look for help...and yet pag kami naman nagkasakit or stuff, wala silang pakialam...in short, they're fricking suck-up parasite backstabbers. lalo na ikaw, danilo constante.

i sure have a fun family.

[the_wildthing]

Ok, parents are co-owners. Assuming equal sharing, in the event of the parents' deaths, siblings get equal shares of 2/3. In the event of your father's death, his share (1/3) plus the share he's supposed to inherit in case his parents die (2/3 divided by # of siblings) go to his estate, which can be divided among his children.

Tama ba, lawyers?

So would a Will be sufficient?

First, why did you father name his parents as co-owners? Dahil ba naglabas sila ng pera or gusto lang nya? Puwede niyang ipa-lipat ang pangalan sa kanya lamang. Either purchase or donation. That way, sa kanya na lang, and if he dies, wala nang habol yung mga kapatid.

[nugundam93]

ay, i read my post, forgot to indicate na grandma ko na lang ang buhay.

i honestly do not know why he put his parents as co-owners, and he has never disclosed why, even if my mom comes close to nagging him why.

[greenlyt]

just a suggestion, why not tell your dad to execute or make a last will and testament naming you and your sister as beneficiary

[nugundam93]

that's the last thing he'd want to do.

lagi niyang inaala-ala yung kapakanan ng mga parasite brothers and sisters niya...even if it is not reciprocated.

heck, mas uunahin pa nga ng mga parasite na yan ang luho nila samantalang kami, super tipid na nga.

[CVT]

that's the last thing he'd want to do.

lagi niyang inaala-ala yung kapakanan ng mga parasite brothers and sisters niya...even if it is not reciprocated.

heck, mas uunahin pa nga ng mga parasite na yan ang luho nila samantalang kami, super tipid na nga.

Wow, what a tough situation to be in... Keep your cool and talk things through with your Dad. Maybe, you can open his eyes into making decisions to benefit his family, rather than his siblings.

[cyrusblutrooper]

siguro sadya lang mabait ang DAD mo. siguro kayo rin ang MAS nakaka angat sa kanila. yun nga lang tine take advantage ng mga uncle and aunties mo ang kabaitan ng DAD mo. be proud of your DAD bihira ang ganyan who looks over his brothers and sisters when their parents passed away. and think it about this way hindi kayo ang umaasa, SILA. be thankful.

[yebo]

since co-owner ang grandparents mo then 50% belongs to them (does not matter if one is living or not, or even if they both passed away already) and 50% belongs to your father. since you and your sister are your father's heirs then that 50% is yours and your sister's. the other 50% (belonging to your grandparents) will be divided equally between your grandparents' heirs, meaning your father and his siblings. 9 sila, so your father gets 1/9th of the property. so you and your sister actually has a total of 1/2 + 1/9 = 9/18 + 2/18 = 11/18 of the property. tama sinabi ng dad mo. unless you can convince your grandmother to name you and your sister as her sole heirs.

the best thing for you to do is ask your father to make the transfer NOW, while your grandmother is still living. mahirap kasi dyan pag namatay na grandma nyo then your uncles and aunts will need to sign their consent in the division of inheritance. if they do not sign then neither them nor you can touch it. in effect you end up with nothing and all they need to do is wait till you are dead and their children can then fight over it. if the transfer is made now then they can not do that. conversely, tell your dad that if he does not make the transfer now then you and your sister will not fight for it and just let it go. tell him that you will not sign any division of property papers later making the transfer of that part of the property which belongs to his siblings impossible. so better you are the one in the stronger bargaining position than them di ba!

then, pay back time! once you have the 11/18 of the property in your name, SELL IT! in any confrontation, be always the one who laughs last!

[usong725]

naku, mahirap nga yan. Parang ganyan ngyari sa family at relatives ni wifey. Nung time na may kaya family ni wifey, binili ng father and mother nya ung lot ng grandparents nya para may pangpaaral sa mga siblings ng mother ni wifey. kaya lng verbal nangyari. hindi na nila pinatransfer ung ownership ng lot thinking na hindi magkakaproblema in the future. Aware naman ung mga uncles & aunties ni wifey sa transaction.

tapos nung mamatay ung grandmother ni wifey, binenta ung lote. Ang masama hindi man lang muna sinabihan family ni wifey knowing na sila nmn dapat may say dun kc nga binili na nila ung lote dati pa. ok lng sa parents ni wifey ung nangyari basta ibigay lng sana ung half ng napagbentahan (kc mahirap na din buhay nila ngayon) tapos ung half eh kahit paghatian na ng mga uncles & aunties nya. ang nangyari eh sila pa ang muntik hindi bigyan ng share, inaway at sinabihan ng masasamang salita. sa sobrang sama ng loob ng parents ni wifey eh sinabihan sila na wag ng isipin pa na may relatives sila sa mother side nya. hehehe

kaya hanggat maaga, mas ok kung ma-settle na yan.

[badsekktor]

same problem with my fiancee's family.... ayoko na lang makialam.... ang mahirap pa nyan eh ayaw makinig at sasabihin na hindi daw magagawa yun dahil kamag-anak.... tsk! tsk! tsk! pero habang tumatagal lumalabaas na rin katotohanan

[leolop]

i think tama yung advice na binigay ng lawyer ng dad mo if he owns 50% and your grandparents own 25% each. if your grandfather already died, then your uncles and aunts and dad and grandmother are already co-owners of his 25% share. hence no transfer of the whole property can be made unless the aunts and uncles are involved.

as of now, the status of the co-ownership is as thus:

50% dad
25% grandmother
25% aunts, uncles, dad and grandmother in equal shares

pagbigyan mo na erpats mo, property niya iyan to do as he would. if he does not make a will, then by law all shares pertaining to him will be inherited by you, sister and mom when he dies (knock on wood).

[slamtaz]

ay, i read my post, forgot to indicate na grandma ko na lang ang buhay.

i honestly do not know why he put his parents as co-owners, and he has never disclosed why, even if my mom comes close to nagging him why.

i think tama yung advice na binigay ng lawyer ng dad mo if he owns 50% and your grandparents own 25% each. if your grandfather already died, then your uncles and aunts and dad and grandmother are already co-owners of his 25% share. hence no transfer of the whole property can be made unless the aunts and uncles are involved.

as of now, the status of the co-ownership is as thus:

50% dad
25% grandmother
25% aunts, uncles, dad and grandmother in equal shares
pagbigyan mo na erpats mo, property niya iyan to do as he would. if he does not make a will, then by law all shares pertaining to him will be inherited by you, sister and mom when he dies (knock on wood).

:dito:

unless current laws of inheritance have been changed, the above is accurate considering the mandatory distribution of inheritance set forth in said law.

[Red Bureau]

here's the background anyway.

when my dad was single, he buys a lot and builds a house on it. he names his parents as co-owners, but it was only my dad who was the main source of funds for the house and lot since my grandparents did not have any income during that time.

main question is - who would be entitled to inherit it and by how much (in percentage) if all three pass away?

after he said he consulted with a lawyer, dad kasi said na if all three pass away, my sis and i would be getting half of the property, and my dad's brothers and sisters daw would be getting the other half, and my sis and i would also get his 1/9th of the 1/2 (since 9 silang magkakapatid).

i have a feeling something's wrong with what dad said.

frankly, i don't plan on settling down on that lot...too many bad memories and the place itself isn't conducive for health reasons (dami tricycle na super usok)...lumalabas lang na "why the F*** aren't my dad's brothers and sisters trying to look for their own separate homes?" i mean, for 27, ni hindi man lang sila naghangad to shelter their own families in their own homes.

hope i made sense. just ranting. para ngang gusto kong ilagay sa goon squad eh. hehehe.

nabubuwisit lang ako kasi sa brothers and sisters ng dad ko, and their respective spouses. kami pa pinalalabas na masama sa dad ko, samantalang we'd be the first to be there when they need help or we'd be the first that they'd look for help...and yet pag kami naman nagkasakit or stuff, wala silang pakialam...in short, they're fricking suck-up parasite backstabbers. lalo na ikaw, danilo constante.

i sure have a fun family.



Just a thought of a lawyer. if they are all co-owners without any specific division indicated in the title unless there is a separate written agreement, then each co-owner shall be entitled to 1/3 only. assuming all of them die at the same time, and taking into account the rule on survivorship, you and your sister shall be entitled exclusively to the 1/3 belonging to your father. as to the other 2/3 belonging to your grandparents,as the law woul assume that your grandparents would predecease your father, then you and your sister by right of representation shall have a corresponding share belonging to your father.

but for all you know, this is legally confusing and would only end up in a bitter fight among relatives, not to mention exorbitant legal expenses later on. kung ganun din lang and out of practicality, buy out na lang ng dad mo habang buhay pa siya yung share ng grandparents mo para maiwasan ang pag-aaway later. it actually boils down to money, or the value of the property.

[nugundam93]

thanks sa advice mga tsikoteers!

buti nga naisipan na rin ng dad ko to do something about ownership. he'll be leaving for work later and be gone for about 9 months, so next year niya aasikasuhin yan. we'll cross the bridge when we get there.

anyway, i absolutely have no desire to live in that place...even if 10mins walking distance lang from SM North. too many bad memories.

[tsupermario]

to settle whether your dad's share as co-owner is 1/2 or 1/3, the title or any contract or document concerning the property should be examined. and since a lawyer already advised your dad on the matter, then i guess the lawyer has taken a good look at the papers of the property.

[oldblue]

be like your dad. mamili ka din ng lot sa future. hayaan mo na mga uncles/aunts mo. ok na din yan para pasok swerte.

my dad is like your dad. my dad funded his half-sister para makatira sa America. 2 years after naging stable na at may immigration visa na, magpapabili lang ng golf equip dad ko, kelangan pa magpadala ng pera dad ko sa kanya. (baligtad). yun half-brother nya ganun din, binilhan nya ng tricycle para may hanapbuhay. tinanggal yun trike, at nag-astang hells angels. humingi ng tulong sa 2nd hand jeepney, binenta naman at pinalitan ng owner type jeep. yun isa naman kapatid niya na half-sister din, sabi ng dad ko nagbebenta daw ng fire extinguisher. dun na daw ako bumili, bumili ako ng tatlo. then later on, I found out mas ok pa sana nagpaloko ako sa mga govt. employees na nag-sideline sa pagbenta ng extinguisher. grabeng mahal na fire extinguisher yun binenta ng aunt ko. naka 12k ako!

pabayaan mo na lang dre. I believe kaya mas masuwerte dad mo sa mga relatives niya eh kasi generous sya. yun lang yun talaga.

[FLiPMaRC]

that's the last thing he'd want to do.

lagi niyang inaala-ala yung kapakanan ng mga parasite brothers and sisters niya...even if it is not reciprocated.

heck, mas uunahin pa nga ng mga parasite na yan ang luho nila samantalang kami, super tipid na nga.

Your family sounds like my wife's family sa Pinas. They never call unless they need something. If you don't help they get mad at you. They don't care if you have your own bills and expenses to take care off.

[nugundam93]

oldblue: i actually got a lot in lipa (yay, lapit BRC! hahaha), still paying up for it. when my dad heard about it a month ago, he said "bakit kayo bumili?" in a rather condescending tone. kakainis. ewan ko ba sa dad ko.

there was a time nung late 80s na mura yung mga condo sa greenhills area, ok sana since my sis and i were studying sa nearby ob montessori, my dad didn't wanna buy one. in fact, yung cost na pinangbili namin sa lupa dito sa visayas ave was the same at that time as a 2 bedroom condo in greenhills. now look at what could've happened. ayaw niya na lumayo sa parents niya.

buti nga napilit namin na kumuha ng condo sa eastwood eh, pero halatang masama loob niya.

fafa flipmarc: ehehehehe. parang last month. my parents just came back from canada kasi my dad had to testify for one of their shipping company's vessels kasi the replacement captain managed to breach a part of the hull by running it aground...prior to that, 2 months nang bakasyon dad ko, so no income. pagbalik ba naman nila sa canada, wala pang isang oras ng pagpasok ng bahay (true ito), our relatives were asking my dad for pambayad ng kuryente kasi puputulan daw. my mom, sis and i were like "WTF NAMAN?! andami nila dun, ni-isa man lang di magcontribute?! takte, ang lakas pa naman nila mag-TV, etc...gah."

enough ranting. buti na lang the tsikoteers are good enough to let me rant and air all this crap off.

[the_wildthing]

From your stories, it looks like your Dad is better off than the siblings. Now, as for you, either you take it as it is or leave it behind. I'm sure pag-aawayan yan ng magkakapatid kaya huwag mo nang pag-interesan.

[ARB]

yes its a complicated thing.


but since you said na co-owners sila before so 50% sa dad mo, 50% sa parents ya. tama si leolop.

best thing to do is sell the houses/lots give your parents siblings the amount equivalent to they supposed to own, then invest the money else where. if something bad happens to your grandma, it will be a more complicated thing, nobody can help you convince the siblings of your dad to sign the deed of sale.