Legal Question in Family Law in Philippines
Good day!
I would just like to ask how does extrajudicial settlement work since I do not have any background on law and such affairs. My father died and he left a certain amount of money without declaring any beneficiary or will.
Now as the only child they say I am entitled to claim to these liquid assets so as my stepmom who is his legal wife. I am the only child of my father but outside of wedlock. Does this give the right to demand that all the properties and whatever my father had left to be divided in between me and my stepmom?
Thank you!
Hoping to hear from you.
1 Answer from Attorneys
Extrajudicial settlement of estate is availble if the decedent left no will and no debts and provided that the heirs are all of age or the minors are represented by guardian. What is required is a public instrument declaring the heirs and the estate or properties to be divided or partitioned.
Extrajudicial settlement should include all the properties of the decedent whether personal or real properies.
In your case, since the heirs are only you and the surviving spouse, the estate shall be divided equally.
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