Dear Atty. Peachy,

I was born out of wedlock. My parents parted ways when I was only three years old and never got married.

When I was five years old, my mother got married. Her husband did not like the idea of starting their new family with me around so my mother was constrained to leave me with my grandmother.

After about three years of being married and not being able to have a child together, my mother and stepfather decided to legally adopt a child. My grandmother raised me until her untimely death about a year ago.

My mother, being the only child of my grandmother was her sole heir. Hence, all of the properties of my grandmother, including the house and lot where my grandmother raised me, were inherited by my mother.

Three months ago, my mother passed away due to a vehicular accident. I received a message from my stepfather about a month ago, asking me to vacate my grandmother's house. He claims that it is part of their absolute community property and that he, thus, owns one-half of it. He likewise claims that their adopted daughter has a larger share in my mother's estate as she is their legitimate child.

 Is this true? Are the properties that my mother inherited from my grandmother part of the absolute community property of my mother and my stepfather? Does my mother's adopted child really have more rights to her estate than me who is her biological child? What are my rights to my mother's estate, particularly to my grandmother's house?

      Sarah

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Dear Sarah,

Your stepfather was wrong in claiming that the properties that your mother inherited from your grandmother forms parts of their absolute community property.

These properties are paraphernal properties of your mother. A paraphernal property solely belongs to either the husband or the wife only and is not part of the absolute community property.