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Inheritance Rights of a child of a deceased heir

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mymy21


Arresto Menor

Hi!

I need advise.

My grandparents' estate is being managed by my dad & his siblings (they are 7) as they were not transferred to anyone's name during the time my grandparent's were alive. (as per what my grandmother wanted)

Now both of my grandparents are deceased & my father unfortunately died 3 yrs ago (my grandparents died during the 90's)

My aunt & uncles are now discussing selling one of the properties. As far as I know they are paying the land taxes & they are also discussing the estate tax. Not sure which is which but I know they are paying yearly taxes on the properties.

What are my rights to inherit since technically no land was transferred nor any will provided by my dad? What & how can I inherit from the properties under my grandparents & do I fall under the right of representation?

As of now I get a monthly stipend from one of our rented aprts but not the whole amount like my aunt & uncles. I am an only child. As per family meeting my uncle informed me that I can get only 50% & the remaining 50% will be subdivided by my aunts & uncles.

Lunkan


Reclusion Perpetua

Inheritance is counted the same undepending of if the hier (=your father) is alive or not when the split is done.
=Your father's wife and you split your father's share following normal inheritance rules. If your father and mother were married, your mother get a bit more than half and you a bit less than half of your father's share.

"As per family meeting my uncle informed me that I can get only 50% & the remaining 50% will be subdivided by my aunts & uncles."
That's something he made up,
BUT it's POSSIBLE it's fair anyway depending of what each have paid concerning property taxes, improvements and working at it.
What about your mother?

mymy21


Arresto Menor

Hi!

Thanks for your reply.

As far as I know all taxes, house improvements & family costs are being shoulder by my family estate (thru the estate of my grandparents)

As for my mother they are estranged & not married. I grew up solely with my grandparents, dad & aunts & uncles. And my mother was MIA during my growing up... will she still be privy to the inheritance?

The lawyer (my ninong sa kasal) even stipulated that I might not even get a share wherein 2 of my aunts told them that they would like me to have a share as I also have a family. My dad was the eldest of them all. I am also the oldest of my cousins (we are only 5 on the 2nd generation)

What my fear is the amount that the land is being sold would amount to 35M... so they would probably get 5m each.. but since they are saying I get 50% I would only get 2.5M which is substantial... & they will subdivide the remaining 2.5m among themselves... I was think that since maybe my dad's treatments during his sickness was shouldered by the family estate that this is why they are hesitant in giving me my fair share?

Coz as of now I am only receiving less than half of the monthly stipend for the collected rents we have. Also one of my uncles stated that I do not have a vote on procedures but I have a voice (isn't that the same) As they are still the legal heirs of my grandmother

What are my options?

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