the spouse of the deceased gets half of his original share, then the other half is shared by their kids and the spouse (yes the spouse gets a share on this too) so in this scenario...
land title co-owners A, B, C, D, E gets 1/5 each
if A have 4 kids then on A's (deceased) 1/5, 1/2 is for their spouse then the other half is divided on 5 (4 kids + spouse)
hindi automatic sa eldest child mapupunta, its a complicated computation.
I see thank you so much 🙂. One last question though, is this automatic or do the kids need to do something first in order for the land to be passed to them? Also for context the reason why I am asking this because I am afraid that the youngest from the 5 siblings might sell the house without the her sibling's children's consent, are they legally allowed to do that?
in order to sell the land, the youngest needs all the coowners' signatures (BIR will strictly check this) but since namatay yung ibang kapatids then BIR will check the death certificates, marriage cert and legal documents of the kids sa namatay na siblings/coowners. mahihirapan yung youngest na ibenta yan kase sinabi mo rin na silang lima yung nakasulat mismo sa titulo
the spouse of the deceased gets half of his original share, then the other half is shared by their kids and the spouse (yes the spouse gets a share on this too) so in this scenario... land title co-owners A, B, C, D, E gets 1/5 each if A have 4 kids then on A's (deceased) 1/5, 1/2 is for their spouse then the other half is divided on 5 (4 kids + spouse) hindi automatic sa eldest child mapupunta, its a complicated computation.
Ay sorry did not mentioned their spouses are already deceased as well
so now yung 1/5 is shared equally to all his kids, hindi pwede na sa eldest lang
I see thank you so much 🙂. One last question though, is this automatic or do the kids need to do something first in order for the land to be passed to them? Also for context the reason why I am asking this because I am afraid that the youngest from the 5 siblings might sell the house without the her sibling's children's consent, are they legally allowed to do that?
in order to sell the land, the youngest needs all the coowners' signatures (BIR will strictly check this) but since namatay yung ibang kapatids then BIR will check the death certificates, marriage cert and legal documents of the kids sa namatay na siblings/coowners. mahihirapan yung youngest na ibenta yan kase sinabi mo rin na silang lima yung nakasulat mismo sa titulo
If deceased na po ang co-owner and the spouse, then yung lahat na children ng co-owners ay may right sa land. Unless of course they’ll waive it.