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WHAT IS THE RIGHT OF AN ADOPTED CHILD IN TERMS OF PROPERTY

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sfm0629


Arresto Menor

Hi PAO,

My friend isan adopted child. His father died and left some properties. Her mother married again and one of the property was already named to his stepfather. And then, ung ibang property ay binibenta na ng mother nya. And according to reliable closed friend, nagsabi na daw na ibebenta na lahat ng property. Naawa ako sa friend ko kc, wala xang aral. He also has an adopted sister. Actually, biological mother nya ay ate ng mama nya. How will he fight for his right kung kulang din xa aral?

attyLLL


moderator

he will need a lawyer to assist him seek an accounting of the estate of his father.

https://www.facebook.com/BPOEmployeeAdvocate/

Lunkan


Reclusion Perpetua

Adopted children have same rights as biological children.
If I understand you corect, your father by adoption had two children by adoption and no biological children.
It can be different if they didn't own things conjugal, but this is the normal:
If there wasn't any will then you and your sister got right to 1/6 each of the assets (A will can change that some but not much. You have right to at least 1/8.)

Your adopted mother have right to sell her part and spend the money,
but I don't know if you have any legal right to - after she dies - to get the part she gave to your stepfather.

sfm0629


Arresto Menor

thanks..

Lunkan


Reclusion Perpetua

I forgot to tell:
Selling a part of a property demand the other part owners to agree
but I don't know if giving away part demand that too. = Perhaps your mother wasn't allowed to give away her part to your stepfather. So that can be worth checking.
Why did she give away her part at all? Were you not grown ups when that happened? IF your mother gave it away as thanks for your stepfather assisted raising YOU perhaps financialy*, then you can perhaps get his part of property LEGALY, but that would be WRONG MORALY.
*Or perhaps as thanks if he paid a big (tax) dept she had at the property. IF so, then your stepfather perhaps RESCUED your property too, because the barangay can take the property if they want if the tax isn't paid long time...

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