Hi our Legal Lawyers
I just want to consult on something.
A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?
The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.
My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.
Do the kids have any legal right to the property even though they are just teenagers?
Thanks so much to those who can answer.
Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.
Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.
But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.
In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:
The partition would be in the following order:
Children = PhP500,000.00
> Child 1 = PhP250,000.00;
> Child 2 = PhP250,000.00
*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)
Assuming walang naiwang utang, then:
Dad = PhP250,000.00
Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)
Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.
Sana nakatulong ito.