Legitimate children VS Second wife

[powerpacfan]

I am currently seeking advice on my situation. My mom died 6 year ago. Technically her estate is divided among all of us children and my dad. We did not bother to look into it at that time because we were and grieving. We also trusted our dad would handle everything since he is the bread winner. (I do not know if he changed the ownership of the properties to solely his name and declared my mom dead). 

Now things changed, he has a GF and is planning to remarry. I now want to transfer everything such as properties, investments, etc. to all of us siblings to safeguard ourselves in the future. He is agreeable but verbally. We haven?t started the procedure, now I am torn, do I get a lawyer to help me draft the deed of sale/deed of donation? Or should he be the one working on it? (PS. I am just scared he won?t start ASAP).

Once the deed of sale/donation is signed by all parties and we file it in the registry of deeds and settle all the taxes ? is the procedure done? Are we secure that the future wife (and future kids with the second wife) won?t have any claims?

[ikaela]

Yes, yes, yes. LAWYER UP. Upon your mother's death, you, the children, already have legal claims on your mother's assets. What should have happened is your father only got 50% + one child's share of the of the estate, and the rest should've already been divided among you legal children. Did you sign an extra-judicial settlement?

Anyway, yes, you can do the procedure yourself. All you need from your father is his signature, and you can get that easy as long as he is agreeable to the doing to transfer. If they are marrying soon, expect to pay a lot in taxes if you want everything transferred before the marriage.

Once the assets are in your names (or once your father's name is taken off), the future second wife and whatever children they have will no longer have claims to them.

Start the paperwork now!

[powerpacfan]

Hi sis ikaela thanks for replying.  We did not sign an extra-judicial settlement. Is this needed and what is this for?

[ikaela]

The extra-judicial settlement is the document that shows how your deceased mother's properties are to be distributed. Hindi pwede na basta lang malilipat sa pangalan ng surviving spouse. Meron din claims ang surviving children. Pag dating sa inheritance, merong sinusundan na hierarchy, maging disowned legal children or illegitimate children pa yan.

If we are talking about land properties, it is in your best interest to check the land titles. Whose name/names are on them?

But anyway, you have a lot of paperwork ahead of you, but it should be easy as long as everyone is cooperative. I trust you and your siblings have already discussed among yourselves who gets what property.

[powerpacfan]

Sis @ikaela, now i am following up with my dad. sabi inaayos na daw extra judicial for the land transfer.

we are planning to just name the house under all 4 siblings. most sibling are all still schooling so they are technically medyo mga bata pa to even care about the details of the split. I think it is ideal na sa amin 4 nakapangalan. Do we need to set boundary like xxsqm on the northeast side belongs to this child? Should it be that detailed? the property is one residential house and lot.