Q. Hi Atty , my younger sister, Eva, lived but was not legally adopted by the eldest sister of my mother when she was about two(2) years old.
The couple, being childless, considered Eva as their own child. Eva
lived with them and sent her to school through college.
In 2000, my uncle died. All of the properties under their conjugal names were transferred by my aunt to her (aunt) name.
Some properties, she put under the name of Eva, like houses in the city, etc. Six years ago, the aunt died also. With that, our family side is considering her as the next kin of the aunt.
Today, some parcels of land are being sold through extrajudicial by my aunt’s eldest surviving brother.
The problem now is that the nephews and nieces of my dead uncle are running after their share. Are they entitled to have a share? Eva is now 36 years old and married. THANK YOU! ERIKA.
ANS: If I got your facts right, to the effect that the husband of your aunt died in year 2000. The couple did not have any child. Being childless, they instead took Eva who was only then two(2) years old , into their fold and raised her as the couple’s child and legally adopted her.
Thus, when the husband of your aunt died, and considering that the couple did not have a child at all, the only heir of the deceased husband was her surviving spouse. Your Aunt.
Thereafter, the surviving spouse(wife) as the sole heir of the husband, became the beneficiaries of the entire estate . In addition, the surviving spouse also got her ½ share of the conjugal properties.
Thereafter, the aunt, transferred certain properties to Eva including certain houses and other properties . Presumably, the transfer to Eva of some of these properties could have been made either means of donation/Will and/or sale or conveyances of the same. Such transfers are in order.
However, when the surviving wife died, according to you, the eldest brother of your aunt is claiming his share of the estate, as well as , the nephew and nieces of your dead uncle.
The question now is, who amongst the claimants and/or the purported heirs are entitled to the estate of your deceased aunt?
Assuming that you’re aunt died without a WILL and she has no other child of her own, as Eva , her niece was not legally adopted, then it follows that under the law on succession , the surviving siblings/brother(s) of your deceased Aunt, succeeds her estate, as her heir(s) .
Now if your deceased aunt have nephew or nieces who are children of her deceased siblings, the said nephew and nieces too, by right of representation, for and on behalf of their deceased parents can inherit from their Aunt, including Eva and other niece(s) and nephew(s) from your aunt’s side.
However, in my view and on the basis of my appreciation of your facts , the siblings of the deceased uncle including the niece(s) or nephew(s) from his side , cannot inherit from the estate of the deceased wife.
Based on the foregoing, the estate of your deceased Aunt shall be divided by the legal rightful heirs as follows:
a) ½ shares goes to the surviving sibling(s) of the deceased in per capita basis .
b) The other half, shall be divided equally by the niece and nephew of your deceased aunt, per stirpes. ( See Art. 1005-Civil Code of the Philippines, as amended).
Looking forward you’ll find the above in order. Thank you for writing.
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