what is your opinion on the American Doctrine of Equitable Adoption ? Do you think informally adopted children should be allowed to inherit from an intestate estate ? I'm looking forward to your response . Thank you ⏳
Jello we called succession in court Aug 4. My friend who to help his aiding girlfriend who we stated was common law from Jamaica passed away. They are still in the apt and the want them to leave. Can you tell me what can we do to get the apt. The landlord send the super to check apt several times and they know people still was in apt after passing of the owner of apt. Can you suggest what we can do.thanks
Very concise AttY! Learned a lot. If the will is not signed by the witnesses on every page, and the page numbers are not written on every page.Is this still considered a valid will since it does not meet the requirement formalities? Can the will be disalllowed?
Yes, the will can still be allowed because the defect is merely formal. Provided that the requirements are substantially complied. In other words, majority of the requirements have been complied. If it is the other way around, then the will cannot be allowed for gross violation of the formal requirrements. Also, the defect or insufficiencies must not indicate a vitiation of will or consent. So, if it appears that the signature is forced or that the will seems to have been prepared by another person without the consent of the testator, then the will is void.
Atty question po, Si person 1 at person 2 may lupa Si person 1 may 3 anak namely child 1 child 2 at child 3 pero si person 2 walang anak. Then nung matanda na si person 2 until namatay sya ang nag alaga sa kanya ay si child 3. Binigay ni person 2 ang lupa nya sa nag alaga sa kanya, pero walang will or written prof . Tanong ko po, makukuha kaya ni child 3 ang lupa ni person 2? Or paghahatian un ng 3 magkakapatid na si child 1 child 2 at child 3
Question po, may rights ba na maghabol ang legal spouse ng deacesed uncle ko sa properties ng grandparents ko? take note po, yung tito ko una pa sya namatay sa grand parents ko. TYIA
Hi Atty. I have a question about legitime. Need your help please. For example: Jesusa, married to Jose, both deceased, has the following estates: Lot 1 - 1ha Lot 2 - 5ha Jose, on the other hand, has the ff estates: Lot 1 - 4ha Jesusa and Jose have 2 legitimate children, Jomar and Jenny, both alive, and there were no illegitimate children. Assuming that both jesusa and Jose had no debts and obligations upon the time of their death, and provided that jesusa and Jose executed a last will and testament stating that they will give 90% (9ha) of the total estates to Jomar, and 10% (1ha) to Jenny. Jenny questioned the validity of the last will and testament in court. Is her claim valid? What is the proper sharing in % that will make the last will and testament valid, that is, legitime, is not compromised?
Well, in the first place, the will they executed is void for being a joint will. So, their properties will be disposed through intestate succession and the properties will be distributed among the compulsory heirs according their shares as provided in the Civil Code
Atty question lang po. Will the answer in question 1 remain as is, if the sale is subject to the condition that the delivery shall only be effected after the probate of the will?
Attorney single po ako and wala anak may mga properties ako I want to give them my properties I acquired, what if namatay ako pede po ba nila mabenta kahit wala ako last will
hello atty May lupa pong binebenta, 350 sqm, pero 315 sqm lang ang ibebenta kasi: ang tatay patay na ang nanay buhay pa, entitled siya sa 1/2 nang property sharing 175 may 4 na magkakapatid, ang 3 gusto ibenta yung parte nila, ang isa hindi ang question ko po: 1. may parte paba ang nanay sa hati nang tatay? 2. magsali ba siya sa hati nang apat niyang anak? 3. lima ba sila na magahati sa inheritance nang tatay?
Atty.. do the provisions of the Civil Code on Succession apply to our Muslim brothers and sisters or do they follow certain rules based on their beliefs? Thank you.
Good day attorney! Yung lola ko po nung namatay me naiwan na lote, 6 po ang anak nya na mag hahati hati. Ang problema po attorney yung share ng nanay ko sa lupa ayaw ibigay ng mga kapatid nya dahil gusto ibenta ng nanay ko yung share nya. Ayaw po sabihin ng mga kapatid nya yung talagang sukat ng lupa. Yung part kasi ng lupa ng nanay ko dun naka tayo yung ancestral house nila. Ano po kaya attorney ang habol ng nanay ko sa lupa nya? Gusto lang kasi baratin ng mga kapatid nya yung lupa kaya ayaw sabihin ang totoong sukat ng lupa. Gusto lang bayaran ng 300k eh sa tingin po namin mas malaki dun ang halaga ng lupa lalo along the highway ito. Sana po ma advice nyo kmi. Thank you attorney! And god bless you more!😊
Atty e yung life assurance death claim company...asawa po ng deceased ang nominee..but may anak po yung lalaki sa unang asawa (divorced)yung life insurance at gratuity po b...honored po yung beneficiary form?
Yes po. As a rule, the insured/assured can designate anybody as beneficiary, basta may legal relationship. So, since asawa naman nya ang beneficiary, that would be legal and will be honored. Yung anak can claim his share from the father's estate instead. Yun, hindi pwedeng alisin sa kanya.
Hi..I'm only child of my decease father and mother..I'm legal age and my long time guardian handles all my documents.. I had signs document like affidavit of adjudication and other things I don't understand..i m afraid that I'm being slowly con by own guardian..can you give me tips how to investigate on my own to this suspicion?
Hi there! Now that you are of age, you have the right to take and manage the properties of your parents. Demand from your guardian an accounting of the properties, the titles and the contracts affecting these properties. If you can't get his/her cooperation, go to the Register of Deeds of the place where your parents have properties and request for the titles. You can check there if they are still active, if they have been sold or if they have been mortgaged. Good luck!
Hello Atty.. in example 2, Sabi, bawal mag inherit ng estate thru last will ang Isang tao such as nurse , doctor, pastor , at mga tao na nag attend/nag alaga/nagbantay sa taong namatay. What if X was single, no children. X has 5 siblings. X has about 6ha properties. Walang last will. Meron siyang pamangkin na kasama Niya sa bahay Niya, nag aalaga sa kanya. Gusto ko lang iconfirm, kung applicable yung batas na sinabi niyo na bawal magkaroon ng mana thru last will kahit Maliit/kaunti yung pamangkin na nag alaga sa kanya? So meaning yung 6ha, divided by 5 siblings Niya since mga sideways heir sila ng namatay?
Hi Rry. Thanks for the question. You're right. There are certain persons who are incapacitated to inherit as provided under Art. 1027. In your hypothetical problem, the niece is not disqualified per se kasi hindi naman sya kasama sa listahan, kahit na sya ang nag alaga sa namatay. She can inherit only through representation, meaning, if her parent (who is the sibling of the deceased) died, in which case the niece will take the place of her deceased parent.
@@TheHowsofLaw sorry Atty, hindi ko nakuha ang meaning ng part na eto: "the neice is not disqualified per se" ,, paki rephrase naman po in a more simple way,, pacnxa na po sir
@@RryHershOfficial, "not disqualified per se" kasi po pwede naman sya makakuha ng mana dahil "She can inherit only through representation, meaning, if her parent (who is the sibling of the deceased) died, in which case the niece will take the place of her deceased parent."
Tanong ko lang po atty...totoo ba na mas mataas ang power ng eldest siblings when it comes to mamanahin...bali sya po ang masusunod sa mga desisyon dahil sya ang pinakamatandang kapatid? Kon patay na mga magulang?
Hi Atty. Sa probate need ko po ba ng SPA kung dalawa sa kanila nasa outside the country. Also how long ang processing ng probate. An.d more or less how much ang attorney' 's fees. Sorry ha dami kong tanong. Thank you so much.
Yes, kelangan ng SPA para authorized yung mga representatives ng nasa abroad. I can't give you an idea of the costs and how long it will take to probate the will and distribute the properties of the estate. Daming factors na iko-consider. You will have to discuss that with a lawyer that you will hire to handle the probate for you.
In case of a Joint will, which is void under Philippine law and also cannot be executed outside the Philippines, Does this apply to Dual citizens? Thanks in advance sir.
Good day Atty. My Uncle, (my father's 1st deg. cousin) died last month. He's Legally Adopted and only child of his adoptive parents. He's the only heir of his adoptive parents. He left no last will. My Uncle's biological mother, my father's mother, and his adoptive mother, are sisters. And he has biological siblings. My question is, who will be his heir/s? I am asking because the relatives from his adoptive father are also claiming for inheritance. Are they considered as heirs also? Thank you in advance Attorney. God bless🙏
Hi Mylene. By virtue of adoption, his legal ties to his biological family were severed. His legal family was his adoptive family. As such, under the law, successional rights only exist between the adopted and the adoptive family. The biological parents, siblings and relatives can no longer inherit from the child which was adopted. Neither can the adopted child inherit from the former biological family. So, in your problem, your uncle's biological mother and other relatives from that line cannot inherit by intestate succession. They can only inherit if your uncle had left a will and made testamentary dispositions in favor of them. But he did not. So, the people who can legally inherit from your uncle are just his adoptive mother and his relatives from that line.
Atty. salamat sa video na to.. may ask lng po ako.. ang lolo ko po father ng mother ko may property sila na himdi nya nakuha sa magulang nya.. unclaimed po. Namatay na po ang lolo ko at ang mother ko.. wala kami hawak na title sa property na yun.. may chance pa ba kami na maclaimd yun,.. at yung ibang property namin nabenta na ng relatives namin.. ang lolo ko lng ang hindi nakaclaimed ng mana nya lahat ng kapatid nya na claimed na nila..
Hi there. If you can trace and establish the family tree and the ownership of the properties and the fact that your grandfather was omitted from the distribution, then the heirs of your grandfather (including you) can sue the relatives who sold the properties for your rightful share. It would be difficult to recover the property if the same had been transferred to innocent purchasers for value. So, habulin nyo na lang ang value ng share ng lolo nyo. Good luck!
We have a property in Sariaya Quezon. The portion we inherited after CARP has illegal settlers. Can I discuss legal fees with you Sir? Need to discuss fees with my relatives. Thank you Sir.
Hi axel0780! Thank you for your question. A claim for moral damages is an obligation, ergo a right, based on a quasi-delict. It can be passed on to the heirs. But the heirs should be able to establish the entitlement to moral damages. Remember that moral damages are very personal to the claimant. Can the heirs prove that the decedent suffered sleepless nights, serious anxiety, besmirched reputation and all that? If yes, then they might be able to claim moral damages for their decedent. It would have been easier though to award moral damages if the decedent was able to file the case and testify in it while he was still alive. When he dies before the judgment, the heirs can substitute him and they will receive the award. I hope that helps.
If for example there is an on going case which involves damages and before the final judgement, the party who is supposedly going to collect the damages awarded dies.May his heirs collect the said damages?
@@axel0780 Yes, his heirs can collect the damages because the heirs can substitute the plaintiff in the case. The monetary award, however, will go to the estate first to be distributed according to the rules on estate settlement.
@@TheHowsofLaw would that apply as well when the judgement came first before the death of the decedent and there were no legal substitution? this is my last question thanks for the time answering my questions sir.
Thank you for this short lecture, Atty.! May I ask po, what law subjects do I need to master for me to understand easier the Law on Succession?Thank you po❤️
Ask q lng po attorney if ung aking pamangkin ay makakakuha din ba ng mana kahit illigitimate child xa?dami kc naiwang properties ang daddy nya, kaso nga lng dalawa ang asawa ng daddy nya tapos marami din silang anak sa labas...ung bahay ng daddynya na tinitirhan nya ngayon ay hindi naman nakapangalan sa knya at natatakot xa na baka paalisin xa don ng legal wife or ung second wife ng daddy nya since wala naman xang pinanghahawakan na binigay na talaga ung bahay na un sa knyang daddy nya
Hi there. An illegitimate child has a right to inherit from his illegitimate father if he has established his filiation. If may settlement of the estate na, then he can participate there. If wala pa, then the illegitimate child can initiate the settlement proceedings. Hanggat walang settlement, madami ang magki-claim. So, he should initiate it asap.
Heirs have rights to the property of their parents only upon the death of the parents. While they are alive, even if of unsound mind, the children have no rights. What the children can do is to file a petition in court to place their parents under guardianship so that they can manage or administer the properties of their parents while they are alive.
@@josephinelee7158 Hi there! I am trying to picture the situation. Is it the mother who died? If yes, her compulsory heirs are her husband and her children. The siblings of the deceased and the siblings of the husband cannot inherit at all because the rule in succession is that the property goes down first, then up, then sideways. If there are heirs downward, meaning children (and a spouse, the relatives in the ascending line (mother and father), and in the collateral line (siblings) cannot inherit. I hope I answered your question.
@@TheHowsofLaw the husband died first atty. And he has no child. Tnx atty. I just wonder why they keep on claiming they have 1/4 share of the property. Is it compulsory because he have no child? What about the stepchildren? Are they not consider to be his children too because they are married legally?
ko consult ko lang po kung me rights ba mag claim ng inheretance ang parents ko ng mga properties na naiwan ng brother ko na naiwan niya since hindi naman siya kasal sa common law wife niya.although they have 3 children and living together but they already planning to get separated.may mga bank acct.siya na hindi niya pinapaalam sa common wife niya at may mga properties siya na ayaw niya ipaalam sa common wife niya because he is planning to separate from her nga. then he got cancer and aftr chemo and radiation umuwi siya sa parents namin to recooparate at alam niya kasi maaalagaan siya ng magulang namin sa probinsiya.and while he's there he mention to my parents hindi na siya uuwi sa kanila at hihiwalay na talaga siya sa commonlaw wife niya at napagusapan naman na daw nila un.sabi daw niya all the properties na nasa province that's his and everything that's in manila he will give all of it sa commonlaw wife niya at sa 3 kids niya. and then he suddenly died because of complications.now wala siya naiwan na notarize will at wala siya na mention sa amin ano gagawin sa properties niya dahil sobrang bilis nga ng pagkamatay niya. now his common law wife are seeking all his properties para daw un sa mga anak nila at she mention also na aftr niya makuha lahat puputulin niya na ang relasyon niya sa amin at kahit ang mga anak ng kapatid ko hindi na niya ipapakita sa amin..my parents wanted to have something of his properties in memory of my brother.specialy na mention sa kanila na magtatayo ng bahay ang brother ko sa lupa niya sa probinsiya at dun na titira ang mga parents ko.kaya lang hindi na nangyari un kasi namatay na nga siya.ano po ba ang pwede naming gawin.pasensiya na po ang haba ng kwento ko.
Good day! May karapatan mag inherit ang parents mo dahil ang mga anak ng kapatid mo ay illegitimate at hindi sya kasal sa nanay ng mga anak nya. Under the Law on Succession if a decedent dies with no legal spouse, but illegitimate children and surviving parents, the illegitimate children and surviving parents will concur. Walang mamanahin ang common law wife. What the common law wife can go after is yung share nya sa properties as a co-owner. But as to the share of your deceased brother, his illegitimate children and your parents will inherit. I suggest that you get a lawyer to file a judicial settlement of the estate of your late brother bago pa ibenta o i-dispose ng common law spouse nya ang mga properties
I'm still single, meron ako nabili house and lot and kaunting naipon sa bank, my question is pwede ko Po bah bigyan ng share or isama ko sa hiers ung nobya/girlfriend ko po?. Salamat Po.
As far as I know po sir hindi. Kailangan po spouse pra maging heir. Pero pwde po bigyan ng share habang buhay po kayo, hindi lang po through succession.
@@markjralipio6636 Pwde naman, by instituting the said girlfriend as a voluntary heir. Another option is to give her a legacy through real properties or device an amount on her discretion.
Hello po ask lang po . My grandfather died leaving without will and left properties. my mother died before her parents. may rights ba ang mother ko sa properties? 6 sla magkakapatid po.
Yes your mother being a compulsory heir has a right to the legitime. So her children, will have rights to the said properties by right of representation since your mother predeceased your grandfather.
@@theoldguard782 Thank you for your time. But how about the husband of my mother? may share ba siya sa minana ng mother ko galing sa parents ng mother ko.
@@keedzilla8233 Hi pls read again my previous reply to your first comment as I edited it. As to your second question, no, walang share ang father mo sa inheritance ng mother mo coming from your grandfather because the property in question here is that of your grandfather as opposed if it was the properties of your mother who did not predeceased your grandfather because in such case concurring compulsory heirs kayo (children) and her husband (papa mo) so may right na siya to the inheritance of your mother.
Thank you atty. your videos simplify everything. I hope you will still continue to post videos even though the classes are already face-to-face.
Will do! Thanks for watching and supporting the channel! 🥰
Succession is hard to understand but this video explains in well in a concise manner. Love it!
Preparing for the bar. I watch this when i need a quick refresher 🤣
Maraming salamat po sir. This is like Succession in a nutshell. Sobrang helpful po.
You're welcome! Good luck! 🙏
what is your opinion on the American Doctrine of Equitable Adoption ? Do you think informally adopted children should be allowed to inherit from an intestate estate ? I'm looking forward to your response . Thank you ⏳
Thank you so much, Attorney! Your video is highly informative.
Thank you. I'm happy to share the knowledge. :)
Jello we called succession in court Aug 4. My friend who to help his aiding girlfriend who we stated was common law from Jamaica passed away. They are still in the apt and the want them to leave. Can you tell me what can we do to get the apt. The landlord send the super to check apt several times and they know people still was in apt after passing of the owner of apt. Can you suggest what we can do.thanks
Very concise AttY! Learned a lot. If the will is not signed by the witnesses on every page, and the page numbers are not written on every page.Is this still considered a valid will since it does not meet the requirement formalities? Can the will be disalllowed?
Yes, the will can still be allowed because the defect is merely formal. Provided that the requirements are substantially complied. In other words, majority of the requirements have been complied. If it is the other way around, then the will cannot be allowed for gross violation of the formal requirrements. Also, the defect or insufficiencies must not indicate a vitiation of will or consent. So, if it appears that the signature is forced or that the will seems to have been prepared by another person without the consent of the testator, then the will is void.
Maraming salamat po AttY!
thanks for sharing this video... it really helped us understand more about succesion.
Thank you, Atty.! The last q and a has attended to a lingering thought hehe :)
You're welcome Darlene 😊
Atty question po,
Si person 1 at person 2 may lupa
Si person 1 may 3 anak namely child 1 child 2 at child 3
pero si person 2 walang anak.
Then nung matanda na si person 2 until namatay sya ang nag alaga sa kanya ay si child 3. Binigay ni person 2 ang lupa nya sa nag alaga sa kanya, pero walang will or written prof .
Tanong ko po, makukuha kaya ni child 3 ang lupa ni person 2? Or paghahatian un ng 3 magkakapatid na si child 1 child 2 at child 3
Very informative!! Thank you for this video, Atty. Al! :)
Thanks April! 😊
Thank you, Atty. Al! ❤️
Thank you for this very informative video. May I ask if to do a probate do I need a lawyer. Thank you much.
You're welcome. Yes, you will need a lawyer to probate a will. It is a court proceeding which involves a lot of legal technicality
Thank you so much Atty. !
Very informative po...
You're welcome 😊
Question po, may rights ba na maghabol ang legal spouse ng deacesed uncle ko sa properties ng grandparents ko? take note po, yung tito ko una pa sya namatay sa grand parents ko. TYIA
Thank you, Prof. Jumrani. C. Ocampo is present.
Hi Atty. I have a question about legitime. Need your help please.
For example:
Jesusa, married to Jose, both deceased, has the following estates:
Lot 1 - 1ha
Lot 2 - 5ha
Jose, on the other hand, has the ff estates:
Lot 1 - 4ha
Jesusa and Jose have 2 legitimate children, Jomar and Jenny, both alive, and there were no illegitimate children.
Assuming that both jesusa and Jose had no debts and obligations upon the time of their death, and provided that jesusa and Jose executed a last will and testament stating that they will give 90% (9ha) of the total estates to Jomar, and 10% (1ha) to Jenny.
Jenny questioned the validity of the last will and testament in court. Is her claim valid? What is the proper sharing in % that will make the last will and testament valid, that is, legitime, is not compromised?
Well, in the first place, the will they executed is void for being a joint will. So, their properties will be disposed through intestate succession and the properties will be distributed among the compulsory heirs according their shares as provided in the Civil Code
@@TheHowsofLaw thanks a lot Atty ! God bless po sir! 🥰
Atty question lang po. Will the answer in question 1 remain as is, if the sale is subject to the condition that the delivery shall only be effected after the probate of the will?
Ano pong article na galing sa kapatid ang ariarian tapos may isang lone surviving na kapatid knino po mapupunta ang mana
Thank you for sharing legal topics.God bless and more power to you😍🤗😇
Thank you! Gid bless you too! ☺️
Attorney single po ako and wala anak may mga properties ako I want to give them my properties I acquired, what if namatay ako pede po ba nila mabenta kahit wala ako last will
hello atty
May lupa pong binebenta, 350 sqm, pero 315 sqm lang ang ibebenta kasi:
ang tatay patay na
ang nanay buhay pa, entitled siya sa 1/2 nang property sharing 175
may 4 na magkakapatid, ang 3 gusto ibenta yung parte nila, ang isa hindi
ang question ko po:
1. may parte paba ang nanay sa hati nang tatay?
2. magsali ba siya sa hati nang apat niyang anak?
3. lima ba sila na magahati sa inheritance nang tatay?
yes po lima silang maghahati
Atty.. do the provisions of the Civil Code on Succession apply to our Muslim brothers and sisters or do they follow certain rules based on their beliefs? Thank you.
Thank you, I need this as a mindmap.
Glad it was helpful!
Atty kung ang namatay eh walang asawa anak at magulang, pwede bang mag mana ang step sis or step bro? Maraming salamat po
Paano po kng hindi in heritance substitution lng from association.
Good day attorney! Yung lola ko po nung namatay me naiwan na lote, 6 po ang anak nya na mag hahati hati. Ang problema po attorney yung share ng nanay ko sa lupa ayaw ibigay ng mga kapatid nya dahil gusto ibenta ng nanay ko yung share nya. Ayaw po sabihin ng mga kapatid nya yung talagang sukat ng lupa. Yung part kasi ng lupa ng nanay ko dun naka tayo yung ancestral house nila. Ano po kaya attorney ang habol ng nanay ko sa lupa nya? Gusto lang kasi baratin ng mga kapatid nya yung lupa kaya ayaw sabihin ang totoong sukat ng lupa. Gusto lang bayaran ng 300k eh sa tingin po namin mas malaki dun ang halaga ng lupa lalo along the highway ito.
Sana po ma advice nyo kmi. Thank you attorney! And god bless you more!😊
Thank you Atty!
Can a son buys his father properties while he still alive due to necessities.
Yes that’s legal. All the requisites of a sale must be present for it to be valid
Atty e yung life assurance death claim company...asawa po ng deceased ang nominee..but may anak po yung lalaki sa unang asawa (divorced)yung life insurance at gratuity po b...honored po yung beneficiary form?
Yes po. As a rule, the insured/assured can designate anybody as beneficiary, basta may legal relationship. So, since asawa naman nya ang beneficiary, that would be legal and will be honored. Yung anak can claim his share from the father's estate instead. Yun, hindi pwedeng alisin sa kanya.
Present, Sir. Thank you. - Carlo Linatoc
Can we please have more of this! Please!
Hi..I'm only child of my decease father and mother..I'm legal age and my long time guardian handles all my documents.. I had signs document like affidavit of adjudication and other things I don't understand..i m afraid that I'm being slowly con by own guardian..can you give me tips how to investigate on my own to this suspicion?
Hi there! Now that you are of age, you have the right to take and manage the properties of your parents. Demand from your guardian an accounting of the properties, the titles and the contracts affecting these properties. If you can't get his/her cooperation, go to the Register of Deeds of the place where your parents have properties and request for the titles. You can check there if they are still active, if they have been sold or if they have been mortgaged. Good luck!
Hello Atty.. in example 2, Sabi, bawal mag inherit ng estate thru last will ang Isang tao such as nurse , doctor, pastor , at mga tao na nag attend/nag alaga/nagbantay sa taong namatay.
What if X was single, no children. X has 5 siblings. X has about 6ha properties. Walang last will. Meron siyang pamangkin na kasama Niya sa bahay Niya, nag aalaga sa kanya. Gusto ko lang iconfirm, kung applicable yung batas na sinabi niyo na bawal magkaroon ng mana thru last will kahit Maliit/kaunti yung pamangkin na nag alaga sa kanya? So meaning yung 6ha, divided by 5 siblings Niya since mga sideways heir sila ng namatay?
Hi Rry. Thanks for the question. You're right. There are certain persons who are incapacitated to inherit as provided under Art. 1027. In your hypothetical problem, the niece is not disqualified per se kasi hindi naman sya kasama sa listahan, kahit na sya ang nag alaga sa namatay. She can inherit only through representation, meaning, if her parent (who is the sibling of the deceased) died, in which case the niece will take the place of her deceased parent.
@@TheHowsofLaw sorry Atty, hindi ko nakuha ang meaning ng part na eto: "the neice is not disqualified per se" ,, paki rephrase naman po in a more simple way,, pacnxa na po sir
@@RryHershOfficial, "not disqualified per se" kasi po pwede naman sya makakuha ng mana dahil "She can inherit only through representation, meaning, if her parent (who is the sibling of the deceased) died, in which case the niece will take the place of her deceased parent."
Tanong ko lang po atty...totoo ba na mas mataas ang power ng eldest siblings when it comes to mamanahin...bali sya po ang masusunod sa mga desisyon dahil sya ang pinakamatandang kapatid? Kon patay na mga magulang?
Hindi po. Pantay pantay ang mga magkakapatid sa mana
Hi Atty. Sa probate need ko po ba ng SPA kung dalawa sa kanila nasa outside the country. Also how long ang processing ng probate. An.d more or less how much ang attorney' 's fees. Sorry ha dami kong tanong. Thank you so much.
Yes, kelangan ng SPA para authorized yung mga representatives ng nasa abroad. I can't give you an idea of the costs and how long it will take to probate the will and distribute the properties of the estate. Daming factors na iko-consider. You will have to discuss that with a lawyer that you will hire to handle the probate for you.
@@TheHowsofLaw Thank you so much for your replies. Will do yung payo niyo. Thanks. Stay safe.
In case of a Joint will, which is void under Philippine law and also cannot be executed outside the Philippines, Does this apply to Dual citizens? Thanks in advance sir.
Yes, it applies to dual citizens because they are also Filipinos
Good day Atty. My Uncle, (my father's 1st deg. cousin) died last month. He's Legally Adopted and only child of his adoptive parents. He's the only heir of his adoptive parents. He left no last will. My Uncle's biological mother, my father's mother, and his adoptive mother, are sisters. And he has biological siblings. My question is, who will be his heir/s? I am asking because the relatives from his adoptive father are also claiming for inheritance. Are they considered as heirs also? Thank you in advance Attorney. God bless🙏
Hi Mylene. By virtue of adoption, his legal ties to his biological family were severed. His legal family was his adoptive family. As such, under the law, successional rights only exist between the adopted and the adoptive family. The biological parents, siblings and relatives can no longer inherit from the child which was adopted. Neither can the adopted child inherit from the former biological family. So, in your problem, your uncle's biological mother and other relatives from that line cannot inherit by intestate succession. They can only inherit if your uncle had left a will and made testamentary dispositions in favor of them. But he did not. So, the people who can legally inherit from your uncle are just his adoptive mother and his relatives from that line.
@@TheHowsofLaw Thank you so much Atty. God bless
Atty. salamat sa video na to.. may ask lng po ako.. ang lolo ko po father ng mother ko may property sila na himdi nya nakuha sa magulang nya.. unclaimed po. Namatay na po ang lolo ko at ang mother ko.. wala kami hawak na title sa property na yun.. may chance pa ba kami na maclaimd yun,.. at yung ibang property namin nabenta na ng relatives namin.. ang lolo ko lng ang hindi nakaclaimed ng mana nya lahat ng kapatid nya na claimed na nila..
Hi there. If you can trace and establish the family tree and the ownership of the properties and the fact that your grandfather was omitted from the distribution, then the heirs of your grandfather (including you) can sue the relatives who sold the properties for your rightful share. It would be difficult to recover the property if the same had been transferred to innocent purchasers for value. So, habulin nyo na lang ang value ng share ng lolo nyo. Good luck!
what rights do you have if you dont succeed deceased land
tnx... Keep safe kapatid... Godbless.
very informative , thank u
We have a property in Sariaya Quezon. The portion we inherited after CARP has illegal settlers. Can I discuss legal fees with you Sir? Need to discuss fees with my relatives. Thank you Sir.
Hi Reginald. You can email me at ajumrani2000@gmail.com
sir sana po insurance law meron. Thanks
where do you practice in philippine? how could one reach you for legal advise?
You can reach me through email jumranilawoffice@gmail.com
thank u so much u help me a lot
Paano kung single yung namatay, sino ang mag mamana if walang will?
is the right to receive or collect compensation or moral damages include to those which can be transferred to their heirs as mentioned by Art. 776?
Hi axel0780! Thank you for your question. A claim for moral damages is an obligation, ergo a right, based on a quasi-delict. It can be passed on to the heirs. But the heirs should be able to establish the entitlement to moral damages. Remember that moral damages are very personal to the claimant. Can the heirs prove that the decedent suffered sleepless nights, serious anxiety, besmirched reputation and all that? If yes, then they might be able to claim moral damages for their decedent. It would have been easier though to award moral damages if the decedent was able to file the case and testify in it while he was still alive. When he dies before the judgment, the heirs can substitute him and they will receive the award. I hope that helps.
If for example there is an on going case which involves damages and before the final judgement, the party who is supposedly going to collect the damages awarded dies.May his heirs collect the said damages?
Thank you for answering by the way
@@axel0780 Yes, his heirs can collect the damages because the heirs can substitute the plaintiff in the case. The monetary award, however, will go to the estate first to be distributed according to the rules on estate settlement.
@@TheHowsofLaw would that apply as well when the judgement came first before the death of the decedent and there were no legal substitution? this is my last question thanks for the time answering my questions sir.
Thanks for this!
Hi Attorney. Can I PM you about our case and how? Thank you so much.
Hi Elcee. You can contact me thru my FB Page Atty. Al Jumrani
Thank you so much sir 😇
Most welcome!
Present po,
Thank you for this short lecture, Atty.! May I ask po, what law subjects do I need to master for me to understand easier the Law on Succession?Thank you po❤️
also my question is anu pong taon ito kinocover sa law school?
@@PeterParker-hf8ok 3rdyr
Sir good evening, Nadine Gabao po present.
Ask q lng po attorney if ung aking pamangkin ay makakakuha din ba ng mana kahit illigitimate child xa?dami kc naiwang properties ang daddy nya, kaso nga lng dalawa ang asawa ng daddy nya tapos marami din silang anak sa labas...ung bahay ng daddynya na tinitirhan nya ngayon ay hindi naman nakapangalan sa knya at natatakot xa na baka paalisin xa don ng legal wife or ung second wife ng daddy nya since wala naman xang pinanghahawakan na binigay na talaga ung bahay na un sa knyang daddy nya
Hi there. An illegitimate child has a right to inherit from his illegitimate father if he has established his filiation. If may settlement of the estate na, then he can participate there. If wala pa, then the illegitimate child can initiate the settlement proceedings. Hanggat walang settlement, madami ang magki-claim. So, he should initiate it asap.
does heirs have the rights to assume responsibility of the parents estate when the parent is not of sound mind?
Heirs have rights to the property of their parents only upon the death of the parents. While they are alive, even if of unsound mind, the children have no rights. What the children can do is to file a petition in court to place their parents under guardianship so that they can manage or administer the properties of their parents while they are alive.
Thank you Atty. But would it also be possible if the parents will give SPA to their heirs?@@TheHowsofLaw
No. If the parents are of unsound mind, they do not have the capacity to execute an SPA
salamat po Atty.@@TheHowsofLaw
Atty who has the right of succession the spouse siblings or the spouse step children
Because i dont think spouse siblings are not compolsory specially that the property comes from the childrens mother. Pls help me atty
@@josephinelee7158 Hi there! I am trying to picture the situation. Is it the mother who died? If yes, her compulsory heirs are her husband and her children. The siblings of the deceased and the siblings of the husband cannot inherit at all because the rule in succession is that the property goes down first, then up, then sideways. If there are heirs downward, meaning children (and a spouse, the relatives in the ascending line (mother and father), and in the collateral line (siblings) cannot inherit. I hope I answered your question.
@@TheHowsofLaw the husband died first atty. And he has no child. Tnx atty. I just wonder why they keep on claiming they have 1/4 share of the property. Is it compulsory because he have no child? What about the stepchildren? Are they not consider to be his children too because they are married legally?
@@TheHowsofLaw thanks for the very clear answer atty it is really a big help.
Thank you sir ☺️
Most welcome
Tnx
ko consult ko lang po kung me rights ba mag claim ng inheretance ang parents ko ng mga properties na naiwan ng brother ko na naiwan niya since hindi naman siya kasal sa common law wife niya.although they have 3 children and living together but they already planning to get separated.may mga bank acct.siya na hindi niya pinapaalam sa common wife niya at may mga properties siya na ayaw niya ipaalam sa common wife niya because he is planning to separate from her nga. then he got cancer and aftr chemo and radiation umuwi siya sa parents namin to recooparate at alam niya kasi maaalagaan siya ng magulang namin sa probinsiya.and while he's there he mention to my parents hindi na siya uuwi sa kanila at hihiwalay na talaga siya sa commonlaw wife niya at napagusapan naman na daw nila un.sabi daw niya all the properties na nasa province that's his and everything that's in manila he will give all of it sa commonlaw wife niya at sa 3 kids niya. and then he suddenly died because of complications.now wala siya naiwan na notarize will at wala siya na mention sa amin ano gagawin sa properties niya dahil sobrang bilis nga ng pagkamatay niya. now his common law wife are seeking all his properties para daw un sa mga anak nila at she mention also na aftr niya makuha lahat puputulin niya na ang relasyon niya sa amin at kahit ang mga anak ng kapatid ko hindi na niya ipapakita sa amin..my parents wanted to have something of his properties in memory of my brother.specialy na mention sa kanila na magtatayo ng bahay ang brother ko sa lupa niya sa probinsiya at dun na titira ang mga parents ko.kaya lang hindi na nangyari un kasi namatay na nga siya.ano po ba ang pwede naming gawin.pasensiya na po ang haba ng kwento ko.
Good day! May karapatan mag inherit ang parents mo dahil ang mga anak ng kapatid mo ay illegitimate at hindi sya kasal sa nanay ng mga anak nya. Under the Law on Succession if a decedent dies with no legal spouse, but illegitimate children and surviving parents, the illegitimate children and surviving parents will concur. Walang mamanahin ang common law wife. What the common law wife can go after is yung share nya sa properties as a co-owner. But as to the share of your deceased brother, his illegitimate children and your parents will inherit. I suggest that you get a lawyer to file a judicial settlement of the estate of your late brother bago pa ibenta o i-dispose ng common law spouse nya ang mga properties
Good evening po. Rodolfo Cadeliña Jr., present po
I'm still single, meron ako nabili house and lot and kaunting naipon sa bank, my question is pwede ko Po bah bigyan ng share or isama ko sa hiers ung nobya/girlfriend ko po?.
Salamat Po.
As far as I know po sir hindi. Kailangan po spouse pra maging heir. Pero pwde po bigyan ng share habang buhay po kayo, hindi lang po through succession.
@@markjralipio6636 Pwde naman, by instituting the said girlfriend as a voluntary heir. Another option is to give her a legacy through real properties or device an amount on her discretion.
Hello po ask lang po .
My grandfather died leaving without will and left properties.
my mother died before her parents.
may rights ba ang mother ko sa properties? 6 sla magkakapatid po.
Yes your mother being a compulsory heir has a right to the legitime. So her children, will have rights to the said properties by right of representation since your mother predeceased your grandfather.
@@theoldguard782 Thank you for your time. But how about the husband of my mother? may share ba siya sa minana ng mother ko galing sa parents ng mother ko.
@@keedzilla8233 Hi pls read again my previous reply to your first comment as I edited it. As to your second question, no, walang share ang father mo sa inheritance ng mother mo coming from your grandfather because the property in question here is that of your grandfather as opposed if it was the properties of your mother who did not predeceased your grandfather because in such case concurring compulsory heirs kayo (children) and her husband (papa mo) so may right na siya to the inheritance of your mother.
THANK YOU PO ATTY! PRESENT PO. :) NORBERTO REANZARES
Thank you atty great help I'm not a law student but this concept helps a lot.
Sometimes they do not live anything!
True! Some decedents already sell their properties before they die, leaving nothing for their heirs.
Sir present po Romeo Azurin Jr.
keep it up atty. im a fan
Thank you. All the best!
Good day Atty! How can I contact or email you? Hingi po sana ako ng legal advise. Salamat po
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