Legal Question in Real Estate Law in Philippines
Good Day,
My dead grandmother's property is being sold by my two living Aunt.
1. My father is already dead, and I am one of his illegitimate children, will I still get a share once the property is sold? 2. My cousin is a legitimate child, however, he was told that because his father died before our grandmother, they won't be getting any portion of the money once the prooperty is sold, is this true?
1 Answer from Attorneys
Yes, you will still have a share it will not be the same as that of the legitimate children of your father. You are entitled only to a share equivalent to one half of the share of one legitimate child. So that if your father has 1,000 peso share in your grandmother's estate and you have two legitimate brothers or sisters, your brothers or sisters will each get 500 plus one third of the remaining 250 while you will get 250 as your share plus one third of the remaining 250.
As regards your legitimate cousin's issue, he and his siblings if any, has a the right to the share of his deceased parent even if said parent died ahead of your grandmother. They have the right to represent their parent in the partition of the estate of deceased grandparent, and that means they get the full share of their parent in the estate.
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