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Affidavit of Heirship with mom still alive but...

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EmirTea

EmirTea
Arresto Menor

My brother-in-law died recently, leaving a single daughter (of legal age already), and a wife (but in mental incapacity).

I am helping my niece to her claims in her father's employment, SSS, banks, insurance, etc.

She needed an affidavit explaining the need and situation, with clinical abstract on the condition of her mother.

I think they call it affidavit of sole heir with extra judicial adjudication and how the benefit will be divided, with the daughter acting as guardian and caretaker of the mentally incapacitated mother.

Please help me make an affidavit for her?

Thank you very much.



Last edited by EmirTea on Sun May 21, 2017 10:27 am; edited 1 time in total (Reason for editing : added more info)

Jadis

Jadis
Reclusion Perpetua

Your niece cannot be a sole heir because obviously, her mother is also an heir.

She will have to go to court to have her mother declared incompetent and have herself appointed as her mother's guardian.

Consult a lawyer.

EmirTea

EmirTea
Arresto Menor

Can the daughter do that even if her ailing mother is missing? Her mother sneaked out of their home early last year, never to be seen again.

Jadis wrote:Your niece cannot be a sole heir because obviously, her mother is also an heir.

She will have to go to court to have her mother declared incompetent and have herself appointed as her mother's guardian.

Consult a lawyer.

Jadis

Jadis
Reclusion Perpetua

Yes, she should just consult a lawyer where she is so they could file the necessary petition.

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