Ask Me Help Desk - Sharing of inherited property from

Sharing of inherited property from

My father died. He left properties inherited from his mother. We have stepmother. We don't know if they are married. My stepmother divided the land properties and the house. She divided it into 1/6 of 1/2 we are only 2 and 3 half brother and sisters.

First, where is this (country, state, etc)?
Second, you need to know if they were married or not.
Third, what did the will specify?
If he left her everything in his will, then she doesn't have to give anyone anything.

Was there a will? Was the estate probated? Was the step mother appointed or named executor?

Please provide us with more info so we can help.

You have a question? Let me guess: you want to know if "stepmother" did this properly? If it's in a U.S. state, she would have had to do this through probate, in which case the chances are good that yes, she did it correctly.

I am also unclear as to what you are saying that she did. What does "divided it into 1/6 of 1/2" mean? And how many of your father's children are there, 2 or 3?

Yes I want to know if the sharing is right. My father has 3 siblings to his second wife, and 2 siblings from the first wife and that's me and my sister. My father did not left a will and the land title is still in his mother's name. The sharing that my stepmother telling to us is the half of the property will divide into to the first half will go to her. And the second half will go to the siblings and it will divide into 6. I am wondering why it is divided into 6. she always tell us that my dead father is still have the share that's why the half is divided into 6 and the share still goes to my stepmother. The properties is here in the philippines.

Quote:

Originally Posted by 0521yositayo

... the properties is here in the philippines.

Ah. You are in the Philippines. That would explain the communication problem. Let me see if I understand:

Quote:

Originally Posted by 0521yositayo

... my father has 3 siblings to his second wife, and 2 siblings from the first wife and that's me and my sister. ...

He is surived by 5 children; 2 by his first wife and 3 by his second wife.

Quote:

Originally Posted by 0521yositayo

... i am wondering why it is divided into 6. she always tell us that my dead father is still have the share that's why the half is divided into 6 and the share still goes to my stepmother. the properties is here in the philippines.

I don't know anything about Philippine inheritance law, but it does seem strange that your grandmother's estate (and that appears to be what's being divided) would be divided like this:

half to her son's widow (assuming the "step mother" was married to your father;
6 equal shares (of the other half) to

you,
your sister,
your 3 half-siblings; and
your father's estate.

It doesn't seem correct that your step-mother would inherit anything from your grandmother.

Clearly you should consult a lawyer, attorney, advocate, or whatever they are called there, and find out if this is being done correctly.

Unless there is a 6th person you do not know about, if that 1/6th of a share is large enough, go see an attorney.

Quote:

Originally Posted by AK lawyer

Ah. You are in the Phillipines. That would explain the communication problem. Let me see if I understand:

He is surived by 5 children; 2 by his first wife and 3 by his second wife.

I don't know anything about Phillipine inheritance law, but it does seem strange that your grandmother's estate (and that appears to be what's being divided) would be divided like this:

half to her son's widow (assuming the "step mother" was married to your father;
6 equal shares (of the other half) to

you,
your sister,
your 3 half-siblings; and
your father's estate.

It doesn't seem correct that your step-mother would inherit anything from your grandmother.

Clearly you should consult a lawyer, attorney, advocate, or whatever they are called there, and find out if this is being done correctly.

She's keeping all the land title, is she entitled to sell the properties without our knowledge?

Quote:

Originally Posted by 0521yositayo

she's keeping all the land title, is she entitled to sell the properties without our knowledge?

I don't know. See an attorney and find out.

It's possible that because your father died without a will, then your father's estate gets a share of his mother's property until his estate is settled.

You haven't answered all our questions and without a lot more information, it's a guess.
The word in English for dying without a will is intestate, if you want to do some research AFTER you find out if they were married, for one thing. The other is what claim your father had to his mother's property before he died. In many countries, his mother's estate would have to be probated before her property could be inherited.