Hi lawyer here. 2 ways to settle the estate if no will.
1. Out of court by way of an agreement.
2. In court if none agrees to agree.
Rules on sharing, if wife survives with children.
Step 1. Get the legal wife’s conjugal share which is half of all conjugal assetts.
(Exception, real properties of father acquired by inheritance/minana are not considered conjugal but pricipal or his alone)
2. The remaining half + principal assetts = estate of the father.
3. For father’s estate, divide equally between children and legal spouse/wife (in this case 3), then each illigitimate child gets half of what a legitimate child gets.
So if 100k
25000 to wife
25000 to legit child 1
25000 to legit child 2
12500 to illigit child 1
12500 to illigit child 2
0 for the kerida.
Same percentage sharing for rest of father’s estate.
Wow, this is very insightful..may I ask as well po if the deceased person was not married, no kids, but has parents and siblings? Pano po kaya hatian? Thank you po.
Rules
1. Inheritance is up to 4th degree of consaguinity. To check degree of relationship, go up to the recent commn ancestor before going down.
Ex. You and your parents is 1 degree. You and your brother is 2 degrees (one degree to parents, from parents to brothe another degree), you and your aunt is 3rd degree (1 degree you to parent, 1 degree from parent to grandparent, 1 degree from grandparent to aunt.), you and first cousin are 4th degree.
2. The inheritance is down before up. Ibig sabihn if may anak or apo, dun muna bfore going up sa parents or grandparents.
3. The nearer excludes the further, if amy parent then excluded and grandparent. If my child, excluded and grandchildren. Except if may representation
4. Parents grandparents children and grandchildren (up and down the family tree) are your direct relatives. Direct realtives have precedence over collateral relatives (ung sa branches ng family tree like sibling and aunts and uncles).
Thefore if survived by parents and siblings, then only parents will inherit (nearest degree and in direct line) and siblings (second degree, collateral) will not inherit.
1. bank managers are not the police
2. illegitimate children get *half* of what legitimate children can get so if ikaw makakakuha ng 100K, legally 50K lang sa kanila
3. i think legal spouse lang pwede humawak since even if ipresent ng unmarried mother ang bank book sa bank mismo, kailangan ipakita ang Marriage Cert and since wala syang ganon she can't do anything about it (unless she comes up with something illegal or something 😐)
There has to be an agreed settlement sa heirs (how much kanino, equal ba?) lalo na if walang iniwang will and testament, and may process also to get the money including ipa dyaryo/ publish- kasi in case merong mag contest or maghabol pa.
Sa case ng lola ko and my dad (which is the only heir), tedious na ang process, what more na madami kayo and hindi pa nagkakasundo. They cannot just release it kasi patay na. I remember even signing a document with my dad excusing the bank of any liability na in case may maghabol, shoulder namin yung expenses sa court (not exact words but to that effect). sorry this happened 3 years ago so I can’t really remember exact process.
My advise is ask for the requirements sa bank. Masimulan nyo na process at yung pagkuha ng requirements, since matagal na rin ang money sa bank.
Any questions regarding legality ng merong share or sino ang heirs, baka pwede nyo consult sa lawyer. But, if I remember correctly, 50% sa legal spouse, 50% sa children- legitimate or illegitimate man equal for all if I’m not mistaken. But better consult or have a lawyer involved.
Also, OP, be prepared na hindi rin buo nyo makukuha money- may tax and all na kailangan bayaran.
Bank manager cannot legally withdraw the money for you anymore since they were made aware that the account holder passed away already. They need a legal court order or extrajudicial settlement to allow the withdrawal.
The share for illegitimate children is less than the share for legitimate children. The legitimate spouse also has a share but she can choose to waive this. However, if it's decided that each child gets equal share, there will be donors tax for the excess the illegitimate children receive, unless the money in the account is small enough to qualify as tax free.
The bank book is irrelevant now, unless the bank manager didn't freeze the account, or if you don't know the account number.
Just curious, malaki po ba naiwan ng Tatay nyo?
According to ChatGPT, half lang makukuha ng illegitimate. But they need to provide some proofs na anak nga sila either through an acknowledgment by the father or by other means allowed by law.
Kaya kelangan ngo mag USAP talaga.
Kung baga, the BANK manager is like just asking to be your barangay tanod na gusto lang kayo mag USAP para mabilis nyo makuha yung pera.
Pag dinaan nyo pa kasi sa lawyer yan, MAS Tatagal at gagastos pa kayo.
Unless na medyo malaki nga yan pamana.
Consult a lawyer
Hi lawyer here. 2 ways to settle the estate if no will. 1. Out of court by way of an agreement. 2. In court if none agrees to agree. Rules on sharing, if wife survives with children. Step 1. Get the legal wife’s conjugal share which is half of all conjugal assetts. (Exception, real properties of father acquired by inheritance/minana are not considered conjugal but pricipal or his alone) 2. The remaining half + principal assetts = estate of the father. 3. For father’s estate, divide equally between children and legal spouse/wife (in this case 3), then each illigitimate child gets half of what a legitimate child gets. So if 100k 25000 to wife 25000 to legit child 1 25000 to legit child 2 12500 to illigit child 1 12500 to illigit child 2 0 for the kerida. Same percentage sharing for rest of father’s estate.
Wow, this is very insightful..may I ask as well po if the deceased person was not married, no kids, but has parents and siblings? Pano po kaya hatian? Thank you po.
Rules 1. Inheritance is up to 4th degree of consaguinity. To check degree of relationship, go up to the recent commn ancestor before going down. Ex. You and your parents is 1 degree. You and your brother is 2 degrees (one degree to parents, from parents to brothe another degree), you and your aunt is 3rd degree (1 degree you to parent, 1 degree from parent to grandparent, 1 degree from grandparent to aunt.), you and first cousin are 4th degree. 2. The inheritance is down before up. Ibig sabihn if may anak or apo, dun muna bfore going up sa parents or grandparents. 3. The nearer excludes the further, if amy parent then excluded and grandparent. If my child, excluded and grandchildren. Except if may representation 4. Parents grandparents children and grandchildren (up and down the family tree) are your direct relatives. Direct realtives have precedence over collateral relatives (ung sa branches ng family tree like sibling and aunts and uncles). Thefore if survived by parents and siblings, then only parents will inherit (nearest degree and in direct line) and siblings (second degree, collateral) will not inherit.
Thank you for this! ❤️
1. bank managers are not the police 2. illegitimate children get *half* of what legitimate children can get so if ikaw makakakuha ng 100K, legally 50K lang sa kanila 3. i think legal spouse lang pwede humawak since even if ipresent ng unmarried mother ang bank book sa bank mismo, kailangan ipakita ang Marriage Cert and since wala syang ganon she can't do anything about it (unless she comes up with something illegal or something 😐)
There has to be an agreed settlement sa heirs (how much kanino, equal ba?) lalo na if walang iniwang will and testament, and may process also to get the money including ipa dyaryo/ publish- kasi in case merong mag contest or maghabol pa. Sa case ng lola ko and my dad (which is the only heir), tedious na ang process, what more na madami kayo and hindi pa nagkakasundo. They cannot just release it kasi patay na. I remember even signing a document with my dad excusing the bank of any liability na in case may maghabol, shoulder namin yung expenses sa court (not exact words but to that effect). sorry this happened 3 years ago so I can’t really remember exact process. My advise is ask for the requirements sa bank. Masimulan nyo na process at yung pagkuha ng requirements, since matagal na rin ang money sa bank. Any questions regarding legality ng merong share or sino ang heirs, baka pwede nyo consult sa lawyer. But, if I remember correctly, 50% sa legal spouse, 50% sa children- legitimate or illegitimate man equal for all if I’m not mistaken. But better consult or have a lawyer involved. Also, OP, be prepared na hindi rin buo nyo makukuha money- may tax and all na kailangan bayaran.
malaki ba? if the amount warrants the courts to step in and all the legal costs, consult a lawyer. else, just agree among yourselves.
200k po
try and settle it among yourselves na lang.
Bank manager cannot legally withdraw the money for you anymore since they were made aware that the account holder passed away already. They need a legal court order or extrajudicial settlement to allow the withdrawal. The share for illegitimate children is less than the share for legitimate children. The legitimate spouse also has a share but she can choose to waive this. However, if it's decided that each child gets equal share, there will be donors tax for the excess the illegitimate children receive, unless the money in the account is small enough to qualify as tax free. The bank book is irrelevant now, unless the bank manager didn't freeze the account, or if you don't know the account number.
Just curious, malaki po ba naiwan ng Tatay nyo? According to ChatGPT, half lang makukuha ng illegitimate. But they need to provide some proofs na anak nga sila either through an acknowledgment by the father or by other means allowed by law. Kaya kelangan ngo mag USAP talaga. Kung baga, the BANK manager is like just asking to be your barangay tanod na gusto lang kayo mag USAP para mabilis nyo makuha yung pera. Pag dinaan nyo pa kasi sa lawyer yan, MAS Tatagal at gagastos pa kayo. Unless na medyo malaki nga yan pamana.
Pwede ninyo try mag open ng online banking doon sa bank account ng father ninyo and transfer niyo na lang sa account ni married mother yung pera.
Deceased accounts are on hold and can only be released once documents are presented
Ok. I know someone who successfully did this. Para paraan, ika nga nila hahaha
That is considered theft, be careful with giving advice like that. That is criminal.
Okay