Greedy Auntie

So my father just passed away and there is no will and testament left for us kids. My Auntie now wants to take over the land and is now holding the other properties. The properties' deed of sale are not transferred to my fathers name. So now that my Auntie is holding the titles, can she hire a lawyer that would transfer the properties to her name?

This is actually absurd because relatives that are not legit heirs are the ones taking over.

Please help me as I do not know what to do and I dont have money to hire a lawyer for now.

Now I know that money is the root of all evil

Seek help from the Public Attorney's Office immediately. They offer free legal advice and free representation in legal cases.

Your lawyer should institute intestate proceedings in a court, depending on where your father died.

The various issues on land ownership, taxes to be paid to the government, payment of debts, and distribution of estate shall be done in said court after the judge assigns an exectutor/administrator for the accounting of your father's assets and liabilities.

too bad I dont qualify the requirements for acquiring PAO services

nknasty17 wrote:So my father just passed away and there is no will and testament left for us kids. My Auntie now wants to take over the land and is now holding the other properties. The properties' deed of sale are not transferred to my fathers name.

How come they aren't in your father's name?

Did your father got them by buying or what? Inherit?

Titled or only tax declaration?

nknasty17 wrote:too bad I dont qualify the requirements for acquiring PAO services

How come you aren't qualified? Have you already tried their office?

Your next step, if the PAO isn't available, is to go to the nearest Integrated Bar of the Philippines Regional Office. They have a legal aid clinic there that offers free legal advice and representation. You should try inquiring there regarding your situation.

If you are near QC/Metro Manila/Pasay City, then try also going to the universities that have schools of law. They usually have legal aid clinics there as well that renders free legal aid for the general public.

thepoetsedge wrote:

nknasty17 wrote:too bad I dont qualify the requirements for acquiring PAO services

How come you aren't qualified? Have you already tried their office?

Your next step, if the PAO isn't available, is to go to the nearest Integrated Bar of the Philippines Regional Office. They have a legal aid clinic there that offers free legal advice and representation. You should try inquiring there regarding your situation.

If you are near QC/Metro Manila/Pasay City, then try also going to the universities that have schools of law. They usually have legal aid clinics there as well that renders free legal aid for the general public.

My income does not meet their requirement, my income is a few thousand higher.

Before Chief Persida Acosta posted her number, i misplaced the number on my previous phone.

Lunkan wrote:

nknasty17 wrote:So my father just passed away and there is no will and testament left for us kids. My Auntie now wants to take over the land and is now holding the other properties. The properties' deed of sale are not transferred to my fathers name.

How come they aren't in your father's name?

Did your father got them by buying or what? Inherit?

Titled or only tax declaration?

I dont know, they said that the deed of sale want transferred thru his name but he bought the land. Its titled.

And also, my brother said that I should get the tax declaration for the said properties. What does that do? I mean if I acquire the said tax dec, what does that bring us?

nknasty17 wrote:

Lunkan wrote:
How come they aren't in your father's name?

Did your father got them by buying or what? Inherit?

Titled or only tax declaration?

I dont know, they said that the deed of sale want transferred thru his name but he bought the land. Its titled.

And also, my brother said that I should get the tax declaration for the said properties. What does that do? I mean if I acquire the said tax dec, what does that bring us?

Title is proper proof.
Tax declaration is SOME proof of ownership, but not full proof.
So geting it titled stop easy scam risks.

To transfer a title all property taxes have to be paid anyway.

I don't know if there is any time limit for using Deed of Sale to get Title transfered.
I don't know, but perhaps it's worth checking if you can JUMP the step geting title in your father's name to not need to pay double fees.
To get the property in your name you need
/beside documents proving it's your father's and tax in paid
/extrajudical settlement to make clear who are the hiers and who got what
/and something showing it's yours not your sibblings.  (It can be they have got other assets, you have bought their shares or they have waved their rights to that property.)

It can perhaps be worth checking with a specialist how to get as low costs as possible TOTAL. There can for instance be a gift tax to think of in some solutions.

Lunkan wrote:

nknasty17 wrote:

Lunkan wrote:
How come they aren't in your father's name?

Did your father got them by buying or what? Inherit?

Titled or only tax declaration?

I dont know, they said that the deed of sale want transferred thru his name but he bought the land. Its titled.

And also, my brother said that I should get the tax declaration for the said properties. What does that do? I mean if I acquire the said tax dec, what does that bring us?

Title is proper proof.
Tax declaration is SOME proof of ownership, but not full proof.
So geting it titled stop easy scam risks.

To transfer a title all property taxes have to be paid anyway.

I don't know if there is any time limit for using Deed of Sale to get Title transfered.
I don't know, but perhaps it's worth checking if you can JUMP the step geting title in your father's name to not need to pay double fees.
To get the property in your name you need
/beside documents proving it's your father's and tax in paid
/extrajudical settlement to make clear who are the hiers and who got what
/and something showing it's yours not your sibblings.  (It can be they have got other assets, you have bought their shares or they have waved their rights to that property.)

It can perhaps be worth checking with a specialist how to get as low costs as possible TOTAL. There can for instance be a gift tax to think of in some solutions.

thank you sir lunkan

Meron pa po pla akong pahabol. Kasi ung tatay ko may asawa dati, so walang divorce dito sa pilipinas and naghiwalay sila before 1984 or 1985. Tapos nag-asawa ung babae sa america ng same year. Naghahabol sya ngayon sa mga lupa, meron kaya syang makukuha?

nknasty17 wrote:Meron pa po pla akong pahabol. Kasi ung tatay ko may asawa dati, so walang divorce dito sa pilipinas and naghiwalay sila before 1984 or 1985. Tapos nag-asawa ung babae sa america ng same year. Naghahabol sya ngayon sa mga lupa, meron kaya syang makukuha?

Is the aunt sister to the first wife or why does the aunt believe she has any chance to inherit???
(Perhaps there can be a situation where the aunt inherit a SMALL part, if many ifs are fullfilled.)

If the parents are dead then the CHILDREN inherit anyway...
Is the first wife or any children to her alive?

Lunkan wrote:

nknasty17 wrote:Meron pa po pla akong pahabol. Kasi ung tatay ko may asawa dati, so walang divorce dito sa pilipinas and naghiwalay sila before 1984 or 1985. Tapos nag-asawa ung babae sa america ng same year. Naghahabol sya ngayon sa mga lupa, meron kaya syang makukuha?

Is the aunt sister to the first wife or why does the aunt believe she has any chance to inherit???
(Perhaps there can be a situation where the aunt inherit a SMALL part, if many ifs are fullfilled.)

If the parents are dead then the CHILDREN inherit anyway...
Is the first wife or any children to her alive?

Aunt is the sister of my diseased father. She is doing everything to transfer her name to the properties as the said properties' deed of sale wasnt transferred to my father's name.

She is rich, so resources is not a problem.

In the end we are effed up.

And my father's wife remarried in America before I was born. Didnt divorce my father and I dont know if she is a legitimate heir too.

nknasty17 wrote: Aunt is the sister of my diseased father.

Oh then aunt has no inheritance chans as long as there are wife or child of your father alive.

nknasty17 wrote:
I dont know, they said that the deed of sale want transferred thru his name but he bought the land.

Who was if bought FROM - from your father's parents?
Or how come your aunt argue she has a claim?

nknasty17 wrote:
She is doing everything to transfer her name to the properties as the said properties' deed of sale wasnt transferred to my father's name.

She is rich, so resources is not a problem.

Rich people are often the greediest...

nknasty17 wrote:
In the end we are effed up.

Well. I don't know if there is time limit for old Deed of sales. Ask Register if Deeds and if they say it's possible, then HURRY to try to get the title transfered to your father's name, to try to get it before your aunt mess it up.

If that succeed, you need an Extrajudical settlement to show who are hiers.
Are you more children to your father than than you?
If so you need document showing who get the property - or own it together.

nknasty17 wrote: And my father's wife remarried in America before I was born. Didnt divorce my father and I dont know if she is a legitimate heir too.

Well. I suppouse she has inherit right by her SECOND marriage isn't valid
BUT if she try to get anything, she can get in trouble by showing she has done bigamy crime...

If that succeed, you need an Extrajudical settlement to show who are hiers.
Are you more children to your father than than you?
If so you need document showing who get the property - or own it together.

Im the only one on my side, i have 3 brothers. The problem is my fathers properties are scattered through out the philippines.

I don't know if there is time limit for old Deed of sales. Ask Register if Deeds and if they say it's possible, then HURRY to try to get the title transferred to your father's name, to try to get it before your aunt mess it up.

By now my brother told me that my Aunt is holding the titles of property.

nknasty17 wrote:[i] By now my brother told me that my Aunt is holding the titles of property.

Do you mean in her name, or she just have the documents with someone else name on them?

I thought you said she is TRYING to get them in her name.
if she has them in her name allready, then it's much harder specialy by she afford lawyers. It's possible to go to court and question them, but that's much weaker case than if it had been the aunt trying to CHANGE to her name.

Lunkan wrote:

nknasty17 wrote:[i] By now my brother told me that my Aunt is holding the titles of property.

Do you mean in her name, or she just have the documents with someone else name on them?

I thought you said she is TRYING to get them in her name.
if she has them in her name allready, then it's much harder specialy by she afford lawyers. It's possible to go to court and question them, but that's much weaker case than if it had been the aunt trying to CHANGE to her name.

Its not yet clear if she already transferred her name to the titles, but my brother said that she is holding now the title (paper).

nknasty17 wrote:
Its not yet clear if she already transferred her name to the titles, but my brother said that she is holding now the title (paper).

That's a huge difference.
If you have the Title numbers, you can check at Register of Deeds who stand as official owner now.

IF they are in her name, very hard to corect by she can afford long fight in court if you try to prove it isn't hers.


But IF she just hold documents, which are NOT hers, then HURRY to try to make them in your father's name. (Because that's much faster than geting them in you and sibblings name.)
If you need the titles before they are in your father's name, ask Register of Deeds for geting "True copy" of them.

Check with a specialist if it can make any mess concenring taxes and fees if you DON'T get the properties, otherwice start now too the Extrajudical settlement (=who inherit what after you father).