Inheritance Rights For Spouses

Summary

Under Philippine law, common-law spouses and biological children are considered legal heirs and have rights to a deceased partners property. A foster child generally has no legal inheritance rights unless specifically named in a will or legally adopted. If the property has been sold legally, it cannot be claimed by anyone. Defamation or harassment cases can be filed if false information is spread. Oral testamentary dispositions are not as legally binding as written wills. Legal documents must be signed and witnessed to be valid. Consult a lawyer for personalized advice.

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is the common law spouse have rights to the husband land property after the husband died? how about the foster child?
Under Philippine law, a common-law spouse may have rights to a deceased partner's property under certain conditions. A foster child, however, generally has no legal right of inheritance unless specifically named in a will. Can you share more about your relationship with the deceased?
the common law spouse has a * children and their father died so the property will go to his/her children and common law spouse? what about the foster daughter who keep claiming the land property keep insisting and saying she's the legal daughter without any legal documents. We have documents of affidavit it says she's only a foster daughter and my father doesn't have rights anymore to her because she file a rape case to my father and got dismissed because she did not prove that my father did that to her. And, my father doesn't want her anymore after what she did. She gave the foster back to her original parents.
Under Philippine law, the following rules apply:
- The common-law spouse and children are considered legal heirs and have rights to the property.
- A foster child has no legal inheritance rights unless specified in a will.
- If the foster child was adopted legally and can prove it, she might have a claim.
You may need a lawyer to navigate this complex situation.
what if the land property has already purchased by someone so she can't have those property anymore?
If the property has been legally sold to someone, it's no longer part of the deceased's estate and can't be claimed by anyone. However, if the sale occurred after the death and didn't consider the rights of legal heirs, it could be contested. You might need to consult a lawyer for this.
can i file a case to the foster daughter saying mistress to my mother even though my mother is a common law spouse and keep on mumbling nonsense gossip that ruined our reputation as a legal family of my father after died.
Under Philippine law, you may be able to file a defamation case against the foster daughter if she continues to spread false information that damages your family's reputation. This could include:
- Defamation, for spreading false information about your mother.
- Intrusion into your family's privacy, if she's sharing private information without consent.
Legal proceedings can get complex, so it's advisable to consult a lawyer.
we my family of the husband died. My mother said if she has a legal document gave it to us so we know that she's a legal daughter of my father died. but she can't even give a legal papers that she is adopted. But my mother who is a common law spouse have a paper said in the document that the child is only a foster daughter.
It seems like this is a complex situation with various legal factors. To clarify, does the foster child have any legal documentation that proves she was legally adopted by your late father? This information is crucial in determining her legal status and potential rights to your father's property.
what if the land is already sold? can she claim it back once shes a legal daughter?
Under Philippine law, if the property was sold after the father's death and the rights of legal heirs were not considered, it could be contested in court. However, if the sale was made while the father was still alive, it's no longer part of his estate. A lawyer can provide more detailed advice.
and also we have recording of his voice because my father gave us consent to record what he is saying because he said that her foster daughter having interest of his property even though he is not yet dead. The recording said about that all of his property will be belong to us and no one will get it. Only her * daughters, son in her common law spouse will get it. Is the foster daughter can get the property even though we have recording of his voice saying that?
Under Philippine law, oral testamentary dispositions don't have the same legal weight as a written will. Even with a recording, it may not be sufficient to disinherit the foster child, especially if she can prove legal adoption. Consult a lawyer for more specific advice.
also, my father have written with signature in a bond paper that the land property will inherit by her * daughter and * son and her common law spouse. Is the foster daughter get the property land to us?
According to Philippine law, if your father has written and signed a document stating his intentions for the land property to be inherited by his two daughters, one son, and common-law spouse, that document could be considered a will. The foster daughter might not have rights to the property, unless she can prove legal adoption. You should consult a lawyer to confirm.
what if my father want me to write what he is saying because his hand have tremors sho he can't write properly anymore. My father wants to signed after I construct the letter. is that legal document?
Under Philippine law, a document dictated by your father and written by you could potentially be considered a valid will if it meets certain conditions:
- It must be signed by your father in the presence of three witnesses.
- These witnesses must also sign the will.
- The will must clearly state your father's intention regarding his property.
However, it's advisable to consult a lawyer to ensure compliance with all legal requirements.
Can we file a case to someone keep on destroying our reputation and making false accusation to the foster daughter keep on saying she is the legal daughter?
Under Philippine law, you can file a defamation case if someone is spreading false information damaging your reputation. This includes:
- Slander by Deed: actions intended to cast dishonor or contempt upon another.
- Oral Defamation or Slander: uttering defamatory words which cause harm to a person's reputation.
- Libel: public and malicious imputation of a crime, vice, or defect, real or imaginary, committed against a person.
You should consult with a lawyer to explore your options.
we have a lot of legal documents that the foster daughter is no longer on my father's will. And, my father gave back to his/her original parents and doesn't want to get involved to that foster daughter anymore.
Thank you for providing this information. Have these legal documents been officially acknowledged or notarized? Also, have you considered consulting a lawyer to help you navigate through this complex situation?
we have a lot of legal documents that the foster daughter is no longer on my father's will. And, my father gave back to his/her original parents and doesn't want to get involved to that foster daughter anymore. already officially acknowledged and notarized. The foster daughter keep on pushing herself to us can we file a case to her?
Under Philippine law, if the foster daughter's actions are causing emotional distress, you may consider filing a case for unjust vexation or harassment. However, the specifics of these cases can be complex. It is advised to consult a lawyer for more personalized advice.
we have a lot of legal documents that the foster daughter is no longer on my father's will in the affidavit of acknowledgement. And, my father gave back to his/her original parents and doesn't want to get involved to that foster daughter anymore. already the legal document is officially acknowledged and notarized.
Thank you for sharing this information. Are you seeking to prevent the foster daughter from making further claims against your father's estate, or are there other legal actions you're considering?
yes
Under Philippine law, some potential legal actions to consider are:
- Filing a case for harassment or unjust vexation if the foster daughter's actions are causing emotional distress.
- Filing a case for slander or defamation if she continues spreading false information that damages your reputation.
- Consulting a lawyer to help you enforce the notarized documents and protect your father's estate.
Remember, each case is unique. It's always best to consult with a lawyer to understand your options.
if the foster daughter is signed only by the mother. Is the father doesn't have right to her?
To clarify, are you asking if the foster child's adoption was only signed by your father's common-law spouse, and not by your father himself? This would be important to understand who has legal rights over the child.
no, the first wife of my father signed the document of the foster daughter. My father did not signed any document to the child.
In the document signed by your father's first wife, was the foster child officially adopted or was it simply an agreement to take care of her? This is crucial in determining her legal status and potential inheritance rights.
just only agreement to take care of her
If the document only states an agreement to take care of her, it doesn't legally make her an adopted child of your father. This means she generally has no legal right to inherit under Philippine law. However, it's recommended to consult a lawyer to confirm.
only the first wife of my father signed the paper just only agreement to take care of her.
Based on the information provided:
- If the document only serves as an agreement to take care of the child and doesn't legally adopt her, she generally has no legal right to inherit under Philippine law.
- It's advisable to consult a lawyer to confirm this and discuss any potential legal actions you might consider against her.
So that's why the judge said to my father that he has no right to child anymore.
That would make sense. If the judge has stated that your father has no legal rights over the foster child, then she typically would not have inheritance rights under Philippine law. However, you should consult a lawyer for advice tailored to your specific circumstances.
So that's why the judge said to my father that he has no right to child anymore and my father should keep on * meter distance to that child. And the case has dismissed
It seems like the court has made a decision regarding the matter. It's crucial to respect and follow this ruling. If you have further concerns, I recommend consulting with a lawyer to understand your next steps.
if the paper is signed only by the late first wife of my father who already died. Is the father has no right to the foster child?
To clarify, are you asking if the document signed only by your father's first wife, granting care of the foster child, means your father has no legal rights over the child?
yes, the late first wife only signed the paper.
In the document signed by your father's late first wife, was there any mention of your father's rights or responsibilities towards the foster child? This is crucial in determining his legal status with respect to the child.
no, there's no rights and responsibilities acoording to the judge. My father have no rights to the child anymore
Based on your information, if the judge has stated that your father has no rights or responsibilities over the foster child, then it is likely she has no legal right to inherit under Philippine law. However, please consult with a lawyer to clarify all legal aspects.
oh thanks. The foster daughter keep on bothering us about the property and making my mother distress and also us daughters and my sibling.
Given the circumstances, it seems like your family is under a lot of stress due to this situation. Have you considered seeking legal advice or taking action against the foster daughter for the distress she is causing you and your family?
i guess soon, if she keep on harassing us mentally
I'm sorry to hear about your situation. Philippine law does allow for action to be taken against individuals causing undue stress or harassment. You might want to consult with a lawyer about possibly filing a case for unjust vexation.
can we win in this case?
Based on the information you've provided:
- The foster child doesn't have inheritance rights unless she was legally adopted, which seems not to be the case.
- You have potential grounds for defamation if the foster daughter continues making false claims and damaging your reputation.
- Harassment or unjust vexation could be considered if her actions cause significant stress.
However, each case is unique and outcomes can't be guaranteed. It's advisable to consult with a lawyer.