Q. Hello Atty. Wong. I had consulted you before through your column Batas Pinoy Corner of which I’m so much satisfied with your answers. I would like again to have your views about our Inherited properties as follows :
1. Our parents are both now in their second life and they left us a parcel of land with two big residential buildings.
2. We are ten (10) children and our parents have transferred the said properties in the names of all of us ten children.
3. We are selling these properties with all our consent and the consent of the children of our two brothers who had passed away.
4. In the event that the said properties are sold, we will divide the net proceeds equally among us ten children.
5. Now, one of our sisters is now incapacitated and bed ridden and cannot recognize anyone any more due to Alzheimer.
6. In this regard, who has the right to receive the 1/10th share for her? If the husband has the right to sign and receive for her, how much would be legally for him and how much for the children?
7. In case my sister died before the inheritance properties are sold, is the husband entitled and has the right to the share of the inherited properties? If so, how much would go to the husband of my sister and how much for their children (4 children to be specific). Or, because these are inheritance properties of my sister, would all the 1/10th share go to their children and nothing to my sister’s husband?
8. Kindly note that the above-mentioned properties are inherited properties.
Your views and thoughts on the matter would be greatly appreciated. Thank you very much for your kind help and for helping us your Kababayans here in Toronto. Sincerely , A.
Ans: It’s nice to hear from you again. In response to your queries and more particularly numbers # 6 and 7 thereof, kindly take notice of the following:
Reply to # 5 & 6 : As your sister is still alive but incapacitated , neither her husband or any of her children is legally competent to act for and on behalf of your sister, unless prior to such incapacity, she has designated by way of Continuing Power of Attorney empowering anyone in her family circle ( Husband or any of her Children of legal age ) to act for and on her behalf in matters pertaining to her property .
Where no Continuing Power of Attorney was executed and if the concerned party should be very technical about the situation , then a legal guardianship proceedings will be order. This can be done by filing the necessary petition/application for guardianship before the court of law.
In the alternative , where the filing of petition or application for guardianship before the court is not welcome by the family and could trigger ill feelings , another option is for all the members of the family ( Husband and children of your incapacitated sister -presumably of legal age) for them to execute a document or an acknowledgment receipt of the 1/10 share and expressly acknowledging in the said document that the sum of money thereof , belongs to your sister and that they(husband and children of your sisters ) are just mere Trustees of your incapacitated sister . As long as your sister is alive, the husband and children have no right to share a portion of the 1/10 share of your incapacitated sister.
Reply to # 7. Assuming that your sister has no WILL, the 1/10 share (per stirpes) due to her shall be divided equally by her heirs. Under the law, the surviving heirs shall include the four children and the surviving spouse or the husband/widower of your sister . (See Art.996 and Art.979-Civil Code of the Philippines).
Looking forward you’ll find the above in order. Thank you for writing.
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