Legal Question in Real Estate Law in Philippines

will

Pls. help me. I left Philippines Sept. 1996. My Dad passed away on 2000. Somebody told me that we have a big land in luzon area and should be divided into 4. I received some informations from our relatives. My big brother is a primary responsible for our properties. He does maneuvers on everything without our consent. . He is now the owner now of the big land and apartments of the clan, plus the pending other cases of the big T. Land properties in the Tagalog areas. Can I do something to fight back for our rights, eventhough my Dad's Will of Testament had been issued under of my brother's name only. Do I have a right to questioning him. I am now a US CITIZEN. Do I need to go back to the Philippines to discuss and open the case with the Attorney.


Asked on 12/21/07, 3:29 am

2 Answers from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: will

You have a cause of action to proceed against your brother and to recover your portion of share over the property. YOu need however to be physically present to confer with your attorney or you need to have a secured access data or info line to allow exchange of info and documentation to prosecute. YOur being a US citizen would not prevent you from doing this. Thanks

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Answered on 12/26/07, 10:22 pm
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: will

You have he right over the estate left by your deceased father as one of the compulsory heirs. If you are really serious in asserting your right as an heir then by all means engage a counsel of your own choice in the Philippines.Or you may seek intial inquiry with a Filipino lawyer so that he can give you a thorough advice on what to do.We can assist you in this regard. Thanks and good luck.

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Answered on 12/22/07, 9:03 am


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