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 1966 pohlslawph wrote:When was your mother born?
Last edited by Nes_oidem on Fri Jun 14, 2013 4:00 pm; edited 1 time in total (Reason for editing : typo error)
Last edited by AWV on Fri Jun 14, 2013 7:53 pm; edited 2 times in total (Reason for editing : mixed-up with leeyang's details)
Last edited by hlslawph on Sat Jun 15, 2013 1:05 am; edited 1 time in total (Reason for editing : Missed an article.)
Last edited by Nes_oidem on Fri Jun 14, 2013 5:32 pm; edited 1 time in total (Reason for editing : typo error)
Nes_oidem wrote:Hi,
I would like to get anyone's legal opinion on another inheritance case.
I would like to seek your advice on matters pertaining to estates and inheritance.
My uncle inherited properties from our ancestors and also from the conjugal properties of his deceased parents. He is the only son.Â
In a tragic twist of fate, he, with his wife, 2 children of legal age, one of them is married with 2 children who are all minors, all died at the same day and time.
My question is, does my mother who is the only surviving cousin of my uncle, have all the rights to the estate of the deceased family? My uncle and his wife got married in 1978 several years before the Family code took effect.Â
By right, the new civil code should govern on questions of property regime between husband and wife - which is conjugal partnership of gains in in this case.
However, there is this contention from an oppositor arguing  that the rightful heir should be the husband of his married daughter, who is the lone survivor. Is there a transmission of property rights when all of them died at the same day and time including the grandchildren of my uncle?
They argue that the husband of his married daughter is the nearest heir to the estate of my uncle because inheritance has already been transmitted to the grandchildren(all deceased as well).
I need help.
Nes_oidem wrote:Hi AWV,
I Just to want to clarify some of the facts. It is not the grand daughter who is married but the daughter of my uncle.
All the titles to the properties are still in the name of my uncle married to a certain "wife name".
My uncle and his wife is between 56-59 years old.
Their daughter is about 35-36 years old.
Their son is between 30-34 years old.
The daughter's children are between the ages of 13-14.
Their son was actually the last one who died. But this son is single with no issue.
They all died from a fire accident because they are all in one roof except for the husband of the daughter who is separated in fact.
Â
If there is no transmission of rights, or if inheritance right is transmitted to my uncle's son who was seen to have died last. My mother is still within the 5th degree of consanguinity.
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