Dear Atty. Peachy,

I need some help regarding a financial issue with my stepmother following my father’s passing last June. We had an agreement that when the house was sold, we would split the proceeds. However, after the sale, she only gave me P1,800,000, despite the house being sold for P20,000,000.

She justified this amount by claiming that she had incurred significant expenses. As the only child and someone who has already contributed financially to my father’s care, I feel unfairly treated in this situation, especially considering that my father insisted on having a prenuptial agreement with my stepmother to ensure that he remained the sole owner of the house, which he intended to pass on to me.

I agreed to the sale because my family and I are living abroad. I want to honor my father’s wish for me to benefit from the house he built with his hard work and dedication. My stepmother seems very adept at handling finances, which raises my concerns about my rights.

What can I do to enforce my right as my father’s heir? My stepmother and I executed an extrajudicial settlement of my father’s estate, which practically consists only of the house. I also executed a special power of attorney in favor of my stepmother to sell the house. How can I recover the amount that is rightfully mine?

Belle

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Dear Belle,

Navigating the complexities of inheritance after the loss of a loved one can be particularly challenging, especially when it involves family dynamics and legal agreements. If you find yourself as the only legitimate child of a deceased parent, you hold primary rights to inherit from their estate, as enshrined in the Civil Code of the Philippines, specifically in Article 887. This means you are entitled to a share of your father’s estate, which includes any property he owned, such as the family home.

In situations where a prenuptial agreement exists, like the one your father had with your stepmother, it is vital to review this document meticulously. Should this agreement confirm that your father maintained sole ownership of the house, it significantly strengthens your claim to that property as part of your inheritance.

Furthermore, you mentioned that an extrajudicial settlement has been executed concerning your father’s estate. This document outlines the division of the estate’s assets, primarily focusing on the house in question. As you review this settlement, pay close attention to these key elements: (1) fair distribution - ensure the settlement clearly states that the proceeds from the sale of the house will be equitably divided between you and your stepmother and (2) expenses claimed — confirm whether the document requires your stepmother to substantiate any expenses she claims as deductions from the sale proceeds.

Asserting your rights will entail a demand for transparency in the financial transactions related to the estate. It would be prudent to formally request the following from your stepmother: (1) a detailed itemization of any expenses she incurred related to the house sale and (2) copies of all relevant receipts and documentation that support her claims for any deductions. Should your stepmother withhold adequate documentation or dispute your rightful claims, legal recourse may be necessary. You might consider filing a case in the Regional Trial Court for partition and accounting if negotiations fail. This legal action can help you obtain a court judgment that clarifies the rightful division of the estate, including the proceeds from the house sale. If compelling grounds exist, you may also seek specific performance from the court to enforce the terms of the extrajudicial settlement, allowing you to recover your rightful share of the proceeds.

Atty. Peachy Selda-Gregorio