Paano mo kung may naiwan ang kapatid na lupa(property) pero yumao na?

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Hello po Atty. Bimbi,
Hihingi lang po ng Legal Advise.
10 Siblings in Total 11
3 Deceased 8 Alive (included na po yung latest )
My brother Died ( Prostate Ca)
No Family on his own
No Last Will Testament
As his sister: He asked help to provide (money ) for his injection. I gave money  for his injection to prolong his life. Until his body can’t fight anymore.
SSS  Beneficiary ( Niece: She knew that she is Beneficiary before my brother died. She said my brother’s reason was he felt pity for her and he wanted her to go to school. 
Amount to Receive : 19K
Hearsay/ Fact?: That Niece is his daughter. But the woman denied it. The niece family telling to my other brother don’t  believe anything. 

1. May naiiwan property ang kapatid ko po napagdesisyunan ng ibang magkakapatid po namin paghahatian o ibenta na lang sa mga buhay pang natitira mga  kapatid.
2. Yung lupa ang nakatira doon at ang ibang kapatid? Ano po ba ang dapat gawin? yung  side ni Niece ayaw makipag cooperate. Pinapalabas na sila ang api. 
3. About sa SSS may verbal agreement yung yumao ko pong kapatid na yun na lang ibabayad niya sa akin.
: Sa umpisa ay hindi na daw makikihati kalaunan hahatiin daw at gusto niya kania mapunta at since ang sabi siya ay anak nung yumao kong kapatid na hindi pa napapatunayan gusto niya kania na rin ang lupa.
may maipapayo po ba kau?
Maraming Salamat po

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Jescelyn Del Rosario
is a Legal expert in the Philippines
For SSS hindi ko po masyadong alam ang admin rules for distribitution ng claims. Ang alam ko nuon kung since wala po siyang own famil then it will go to his siblings or to your parents kon mayroon man. Sa pension dito na mag apply kung sino ang designated beneficiary. Since ito po ay nakapangalan sa inyong niece po din ito po ay mapupunta sa kanya. I would advice pumunta po kayo sa SSS office to confirm or verify your rights po. Magdala lang po kayo ng mga kaukulang requirements like the Death certificate of your brother, SSS ID po niya ang other personal records niya pati rin po kayo kailangan po ninyong magdala nga mga identification cards.

Regarding po sa property na naiwan, it will be shared to all of your brothers and sisters but if mapatunayang na itong niece po ninyo ay anak ng inyong kapatid ang naiwang property po ay maupunta sa mapupunta rin sa kanya.

About the author

Jescelyn Del Rosario

Legal Services and Litigation works Philippine/Foreign Paralegal Works Graduated AB Political Science and Bachelor of Laws at University of San Jose Recoletos-Cebu Completed Lawyers Trial Academy Training sponsored by IBP Cebu Chapter AIT-DOST Scholar at Cebu Institute of Technology
Profession: Lawyer
MJ Del Rosario Law Office and Associates
Office Address: Block 19, lot 26-27, Deca Homes, Talisay
Philippines , Talisay , Cebu
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