your legal problems here

[fireice2]

I have to be brutally frank, your cannot sell the properties she already transferred.

As regards those under her name and your lolo, your lola and their children are compulsory heirs. Legally may say ang mga anak sa mga properties na yun

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[fireice2]

Kung namatay na yung title holder their estate must be settled judicially or extrajudicially before any sale can be registered.

Pretending heirs don't exist will open pandora's box and will cause a family feud that can last for generations

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[dr. d]

hay I think we are going to take the risk and pretend that we are not aware of the heirs (wife and children) of those in the title who passed away na.

they will knock on your door and demand their right share of the inheritance.
and you won't be able to do anything but give it to them.

settle it fair and square now, madam.
these things have a way of getting back at you in the future.

[fireice2]

they will knock on your door and demand their right share of the inheritance.
and you won't be able to do anything but give it to them.

settle it fair and square now, madam.
these things have a way of getting back at you in the future.

+1000

Meron nga magkakapatid na nagpapatayan sa 300sq.m na lupa, kahit buhay pa may ari.

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[_Cathy_]

I have to be brutally frank, your cannot sell the properties she already transferred.

As regards those under her name and your lolo, your lola and their children are compulsory heirs. Legally may say ang mga anak sa mga properties na yun

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Why can't we sell, ang issue lang naman namin yung mga deceased and their children.

So yung deceased, children na nila ang may say?

Ilang lawyers na nga natanong namin, they all say na give what is due. Even our 89 yr old family lawyer, kaya nainis lola ko. Pero may lawyer na nga na pumayag :P Pretend lang we are not aware daw

[fireice2]

I abhor lawyers who do that. They usually ripoff their clients and wash hands if they cannot deliver. If you want to proceed with what you want go ahead.

But the buyer will conduct their own due diligence and check the history of the property. No judicial or extrajudicial settlement no sale will be registered.

Buyers are cautious these days and will have their own lawyers to protect them.

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[dr. d]

Why can't we sell, ang issue lang naman namin yung mga deceased and their children.

So yung deceased, children na nila ang may say?

Ilang lawyers na nga natanong namin, they all say na give what is due. Even our 89 yr old family lawyer, kaya nainis lola ko. Pero may lawyer na nga na pumayag :P Pretend lang we are not aware daw

yespo.
the offspring is the compulsory heir of the parent. only thru legal or similar means, may the compulsory heir be dis-inherited. the inheritance lawyers are aware of this scenario.
if the offspring dies, his rightful share of the as-yet-to-be-inherited properties, passes on to his children. i am not sure if the surviving wife is included.
wala pong kawala ito.
pag-hatian na nyo nang tama, habang buhay pa si lola.
there is a culatilla that i am sure inheritance lawyers are aware of. "i am giving these properties to my heirs now, but so long as i am still alive, they may not do anything to these properties yet. they may not sell it nor boot me out of it."

[_Cathy_]

Kung namatay na yung title holder their estate must be settled judicially or extrajudicially before any sale can be registered.

Pretending heirs don't exist will open pandora's box and will cause a family feud that can last for generations

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they will knock on your door and demand their right share of the inheritance.
and you won't be able to do anything but give it to them.

settle it fair and square now, madam.
these things have a way of getting back at you in the future.

I really don't think they deserve a share just because they were impregnated or born into a family. I think inheritance should be by merit and not by blood. And my Lola agrees with me.

For example, someone in our family got a woman pregnant, he married her and they split 2 yrs after they married and had 2 children. They were not living together when he passed away less than a year after their split up. We didn't have a relationship with the widow or the children, so why should they get a share? The woman remarried less than a year after , wala pa nga babang luksa!!! And the new husband had the gall to talk to my Lola recently and say that he heard that our family sold a property. And that was a property in our province ha! KAPAL!!! BTW I am appalled that widows are still entitled to property even after they remarry!

BTW pwede daw ipahugot ang marriage cert? You just have to give lagay to the city hall and NSO? I know it's not ethical. But what if someone married the wrong person diba.

Problema pa rin ng Kuya ko yung wife niya ngayon, they are not in good terms so he cannot acquire properties under his name.

[_Cathy_]

"i am giving these properties to my heirs now, but so long as i am still alive, they may not do anything to these properties yet. they may not sell it nor boot me out of it."

This is how it is in our family. It's still my lola who makes the decision. We all highly respect her

[fireice2]

I really don't think they deserve a share just because they were impregnated or born into a family. I think inheritance should be by merit and not by blood. And my Lola agrees with me.

For example, someone in our family got a woman pregnant, he married her and they split 2 yrs after they married and had 2 children. They were not living together when he passed away less than a year after their split up. We didn't have a relationship with the widow or the children, so why should they get a share? The woman remarried less than a year after , wala pa nga babang luksa!!! And the new husband had the gall to talk to my Lola recently and say that he heard that our family sold a property. And that was a property in our province ha! KAPAL!!! BTW I am appalled that widows are still entitled to property even after they remarry!

Your opinion on the matter will not supercede our laws on succession that has been embodied in our civil code.

Law says inheritance by blood, then you follow it. Dura lex sed lex. The law may be harsh but it is the law.


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[dr. d]

I really don't think they deserve a share just because they were impregnated or born into a family. I think inheritance should be by merit and not by blood. And my Lola agrees with me.

For example, someone in our family got a woman pregnant, he married her and they split 2 yrs after they married and had 2 children. They were not living together when he passed away less than a year after their split up. We didn't have a relationship with the widow or the children, so why should they get a share? The woman remarried less than a year after , wala pa nga babang luksa!!! And the new husband had the gall to talk to my Lola recently and say that he heard that our family sold a property. And that was a property in our province ha! KAPAL!!! BTW I am appalled that widows are still entitled to property even after they remarry!

i do not think you can do anything but give the children their fair share in the inheritance. after all, "they did nothing wrong". in the eyes of the law, they are but victims here. hey! even illegitimate children get 1/2 of what legitimate children inherit.
you can plead in court to have the merry widow dis-inherited, if she indeed stands to inherit something. lawyers can look into the case and see if "her action is included in the list of disinheritable acts".

[_Cathy_]

Your opinion on the matter will not supercede our laws on succession that has been embodied in our civil code.

Law says inheritance by blood, then you follow it. Dura lex sed lex. The law may be harsh but it is the law.


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nopo.
the law is strict, to prevent you from doing what you plan on doing to these children "who did not choose to be born under such scandalous conditions".

That is why we are looking for a loophole. It is so unfair.

Can you just imagine? The new husband talking to my Lola about a property he heard we sold? How the heck did he even hear about it? They do not deserve a share from the sale of a property that has been in our family for several generations. We have nothing to do with them. I had properties with my name in the title that my Lola sold in the past, I just signed all the papers. I did not even ask my Lola for a single centavo. Tapos sila, kapal ng mukha magtanong?

I really feel so bad for my lola, she is 90 and too old to have so many problems

[fireice2]

You cooperated so no problem.

Legally they have the right. Hindi yan kakapalan. Walang loophole sa batas in that regard. Some lawyers will make it appear na may loophole to confirm your biases and take your money. 😑

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[_Cathy_]

i do not think you can do anything but give the children their fair share in the inheritance. after all, "they did nothing wrong". in the eyes of the law, they are but victims here. hey! even illegitimate children get 1/2 of what legitimate children inherit.
you can plead in court to have the merry widow dis-inherited, if she indeed stands to inherit something. lawyers can look into the case and see if "her action is included in the list of disinheritable acts".

I hate that law. Illegitimate children should NOT get a share. It only encourages mistress gold diggers to get impregnated by philandering men.

[dr. d]

That is why we are looking for a loophole. It is so unfair.

Can you just imagine? The new husband talking to my Lola about a property he heard we sold? How the heck did he even hear about it? They do not deserve a share from the sale of a property that has been in our family for several generations. We have nothing to do with them. I had properties with my name in the title that my Lola sold in the past, I just signed all the papers. I did not even ask my Lola for a single centavo. Tapos sila, kapal ng mukha magtanong?

I really feel so bad for my lola, she is 90 and too old to have so many problems

swallow your pride, madam, lest it gets you in trouble.

look for that loophole.

actually, lola can sell the properties that are legally hers and hers alone. ask your lawyer if such condition exists.

[dr. d]

I hate that law. Illegitimate children should NOT get a share. It only encourages mistress gold diggers to get impregnated by philandering men.

that law was formulated to protect the illegitimate children, who commited the crime of "being born under scandalous circumstances".

[fireice2]

swallow your pride, madam, lest it gets you in trouble.

look for that loophole.

Registered na sa iba yung property. Wala yan loophole.

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[_Cathy_]

You cooperated so no problem.

Legally they have the right. Hindi yan kakapalan. Walang loophole sa batas in that regard. Some lawyers will make it appear na may loophole to confirm your biases and take your money. 😑

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I agree, legally yes they have the right. Pero makapal pa rin mukha nila dahil wala sila delicadeza. Mom ko, out of delicadeza, hindi nakikialam sa share sa side ng Dad ko at ganun din dad ko sa properties from my Mom's side of the family.

[_Cathy_]

that law was formulated to protect the illegitimate children, who commited the crime of "being born under scandalous circumstances".

They should not have made a law to encourage illegitimate children. That's a sin their parents made that they have to pay for.

Isn't it in Catholic schools, illegitimate children are not allowed to enrol. Marriage cert is a requirement.

[dr. d]

I hate that law. Illegitimate children should NOT get a share. It only encourages mistress gold diggers to get impregnated by philandering men.

well, if you see it that way...
you can also look at it this way... "the law was formulated to punish the philandering men!!". as i see it, the mistress gold digger requires a partner-in-crime-of-a-philandering-man, if she is to successfully pull it off."