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-   -   My father died and he left us a house and lot (https://www.askmehelpdesk.com/showthread.php?t=568096)

  • Apr 5, 2011, 03:34 AM
    francis12345
    My father died and he left us a house and lot
    My father died and he left us a house and lot. But he put our 3 siblings as co-owner,
    Do I have a part/shares there? How if I want it to take?
  • Apr 5, 2011, 03:42 AM
    ScottGem

    If you are one of the three siblings then yes you have a partial share in the property. If you want the value of that share you can ask the other siblings to buy you out, you can sell your share or you can force a sale of the property.

    Depends on the nature of the property and the location.
  • Apr 5, 2011, 03:43 AM
    francis12345
    My father died and he left us a house and lot. But he put our 3 siblings as co-owner.
    My father died and he left us a house and lot. But he put our 3 siblings as co-owner, he has no will.
    Do I have a part/shares there? How if I want it to take it? We are 8 siblings. My parents are not married and my mother already have her own family years ago...
  • Apr 5, 2011, 03:45 AM
    francis12345
    But I am not 1 of them...
  • Apr 5, 2011, 03:48 AM
    ScottGem

    First, please don't start multiple threads for the same question. If you need to add to a prior question, use the Answer options to add another post.

    If there is no will then he must have transferred the property to the 3 siblings prior to his having passed. If that is the case, then the property was no longer a part of his estate and is owned by the 3 siblings. If you are not one of the 3, then you have no interest in the property. If the property title is not in the 3 siblings names or was not at the time of his death, Then they have to follow the laws of inheritance for your area. So you need to check the deed and find out when it was recorded.

    If you feel that the 3 coerced your father into giving them the property before his death, you can try to overturn the transfer, but that's going to cost you in legal fees.
  • Apr 5, 2011, 03:57 AM
    francis12345
    Sorry for multiple treads of the same question...

    The case is he has buy the lot and build a house in his own money but he put his self as owner and our 3 oldest siblings as a co-owner... we are all 8 siblings and my parents are not married. My mother already has her own family... do I still have shares/part there?
  • Apr 5, 2011, 04:05 AM
    ScottGem

    Ok it depends on how the deed was worded. If the oldest siblings were listed as Joint owners with rights of survivorship then it's their property. If not, then you may be entitled to a share of his share.

    It depends on the wording of the deed and the laws of inheritance in your area (ANY question on law needs to include your general locale as laws vary by area.).
  • Apr 5, 2011, 04:21 AM
    francis12345
    I`m from Republic of the Philippines... I don`t even know the law about it... but I think if they owned it (my 3oldest siblings and my father) I think I must have a partial of 1/8 of the shares of my father
    so if the total value of the house and lot is 10 million pesos it will divided into 4 because there are 4 owners and the 1/4 is the partial of my father... and because he left his part to us it will divide to 8 because we are all 8 siblings. in that case it it will be 312,500 pesos... I want to know if I can take it by force of the court if they do not give it to me or if they can`t give it to me?
  • Apr 5, 2011, 05:11 AM
    ScottGem

    Like I said, first you need to find out how the deed is recorded. You said there was no will so he didn't leave anything to anyone specific. I don't have time now, but I will check for the laws of inheritance if no one else does.
  • Apr 5, 2011, 06:53 AM
    AK lawyer
    From what you have said so far, this seems to be what the situation is:

    Your late father co-owned the property in the Philippines with his 3 children from a previous marriage. At some point after he fathered these children, he married your mother.

    Your mother was never married to your father.

    It is not clear whether you and your mother's other three children (These are your "siblings"; it is unclear what, if any, relationship you have with the co-owners of the decedent.) are children of your "father" as well. Was he your father or did he just have a relationship with your mother?

    You and your real siblings (the younger 4 chldren) don't have any claim to the property. But, I don't know if Philippine inheritance law comes into play as to change that.
  • Apr 5, 2011, 04:50 PM
    ScottGem

    You can find the rules of succession here:

    BOOK III (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES : CHAN ROBLES VIRTUAL LAW LIBRARY

    In a nutshell, direct children of a decedent all share equally in the estate. If there were a legal spouse, then she would get a share equal to the children.

    So the question still is how the deed is worded. If the 3 siblings listed on the deed do not have right of survivorship then all 8 siblings share in the father's 1/4 share. If they do have right of survivorship the property passes to them outside the estate.
  • Apr 9, 2011, 02:38 AM
    francis12345
    So if they have the right of survivorship... I don`t have anything to claim? And my fathers share will also goes to my three siblings?.
  • Apr 9, 2011, 02:49 AM
    francis12345
    @ AK lAWYER
    My father does only have 1 family... he has 8 children... we are all in same parents.. but my parents is not married...
  • Apr 9, 2011, 05:13 AM
    ScottGem
    Quote:

    Originally Posted by francis12345 View Post
    so if they have the right of survivorship... i don`t have anything to claim? and my fathers share will also goes to my three siblings?...

    That's what I've been telling you. With right of survivorship ownership, when any one owner dies, their share passes to the other owners and is not part of their estate. Without that, his share passes to his estate which is then shared equally among ALL the heirs.

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