Last Will Revision

My mom died 2 years ago my dad (12 years back), with written instruction that "...the described properties shall not be partitioned for a period of twenty (20) years but shall be enjoyed by them one after another..." My questions centers on 3issues:
1. Can the 6 compulsory heirs agree to partition the land & eventually dispose of the same?
2. Can we all agree to sell a portion of the property to pay back dues & taxes?
3. Can we all agree to alter some of the provisions in the name of 'fairness'?

Your utmost concern on this regard shall be highly appreciated.

fakoy

No property shall pass upon to the heirs unless and until the will is probated.

In probating a will, the court will take into consideration the intrinsic and extrinsic validity of the will, this includes the testator's wish, and the same must be respected.

1. NO. till after 20 yrs.
2. No. until the will is probated and partitioned.
3. No. absolutely not, no matter how fair it is, the testator's will shall be respected.

thanks so much. am still confused while ur other companeros insisted 'amen' on my 3 questions.

however, I respect all ur legal opinions.

my question, today, are:
1. When can my our case be probated?
2. How can probate proceed?
3. How much woud probate proceedings cost
the family?

meantime, we fall short of paying my mom's taxes and other dues which continues to compound for since 2006.

many, many thanks Attorney ma'am/sir.

fakoy

I based my opinion on the book and as provided by law, they() based it on practice and for practical reasons. Classroom instruction is VERY different from actual law practice.

Actually, you and the other heirs may disregard the will and do whatever you want, this includes, partition the same at any time, pay outstanding tax dues, etc.

As to your follow up Q.
1. At any time.
2. File a petiton to probate the will, at the place where the testator resides at the time of his/her death.
3. How much? it depends on the TOTAL value of the property of the testator.

Dear Atty,

Again, many thanks for your advice. I may not pursue further inquiries on the matter for the meantime. In behalf of my sisters (all heirs), I will consider you as our legal coach to less complicate our situations in the near future.

Our online meeting is a blessing for the family and may eventually develop as a covenant of trust and confidence.

All documents are now available for your perusal. However, my sisters and I are left with very little options to extend a wide-long battle for legal proceeedings, as far as logistics are involved.

To anticipate how far we can endure the cost it may spread from the onset to the completion of the partition, may we request your good heart to partially itemize your fees, i.e:
- Basic
- Intermediate
- Final

Likewise, can the family enter a MOA with you for the complete satisfaction of the transaction?

Incidentally, I am Sally (wife of Fakoy) and still unaware of your abode. I am residing at Project 8, Q.C. with
CP# 019185508742.

We can probably open our discussion by providing us a date of your covenience any moment from February 15, 2013.

God be with you always.

Versalie

Thanks, but i would suggest that you might consider to consult a lawyer for a second or third opinion with respect to your problem. This is a long term shot.

Honestly, i cannot accept the case. It is just my hobby of giving free legal advice and imparting my little knowledge of law.

God speed!

you are very good, though. thanks and likewise.