Inheritance

Dear Atty. Peachy,

My father passed away last month and left behind a house and some savings in the bank. The challenge lies in the fact that my father was married to my mother, but they had been separated for over 17 years. They never formally separated, nor did they remarry. During their separation, my father had a live-in partner, and they had one child together, my half-sibling, whom I have never met.

My father did not leave a will and I want to understand how the inheritance will be divided among us: my mother, me, and my half-sibling. Are there any specific rights that I should be aware of, and how do I navigate this delicate family matter?

Thank you for your help.

Claire

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Dear Claire,

I understand that this is a sensitive and complex situation, so let’s break down the legal aspects based on Philippine law, specifically regarding intestate succession. When a person passes away without a will (intestate), the distribution of the estate is governed by the provisions of the Civil Code of the Philippines.

Since your father was still legally married to your mother at the time of his death, she is considered a compulsory heir and will have a significant share of his estate, despite their long-term separation. Since community property laws apply, she is generally entitled to half of the estate considered to be community property established during their marriage. Additionally, she will receive an equal share alongside you, the legitimate child, in your father’s estate.

You and your half-sibling have different inheritance rights based on your legitimacy. As per Philippine law, you — being a legitimate child — will inherit an equal share of the estate alongside your mother and your half-sibling. Your half-sibling, being an illegitimate child, is entitled to inherit as well, but his share will only be half of what you receive. This means that while you will inherit one full portion, your half-sibling will receive only half of that.

To initiate the process, you will need to have your father’s estate settled, which can be done either through a judicial settlement or an extrajudicial settlement, depending on the complexity of the assets and the dynamics within your family.

I encourage you to gather all relevant documents related to your father’s estate and consider discussing this matter with your mother and half-sibling if possible.

Wishing you the best,

Atty. Peachy Selda-Gregorio