Legitimate children and descendants compulsory heirs

Legitimate children and descendants compulsory heirs "I need your advice regarding the rights of an heir. I am the only child of my parents. My father died way back in 1984. My parents built a house on a parcel of lot owned by my father’s deceased parents, which is still left undivided up to the present. Z. AbaricoDear Z. Abarico, Succession is the mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law (Article 774, Civil Code). It is to be noted that the right to succession and the amount of successional right is up to the extent of the value of the inheritance.The rights to the succession are transmitted from the moment of the death of the decedent (Art. 777, Civil Code). Hence, upon the death of your father, the conjugal partnership of your mother and father is dissolved. As a result of the said dissolution, half of the properties go to your mother as her share of the conjugal properties. The other half of the estate which constitutes your father’s share to the conjugal properties shall be divided between you and your mother as compulsory heirs and goes to both of you as your legitime. Legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs, as provided for under Article 887 of the Civil Code, thus:“Art. 887. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants(3) The widow or widower(4) Acknowledged natural children, and natural children by legal fiction (5) Other illegitimate children referred to in Article 287.”As an heir to your father, you have the right to demand from your mother, the partition of your inheritance. You may opt to file a case for the Judicial Settlement of the Estate of your father or you may talk to your mother so that you can properly execute an Extrajudicial Settlement of the Estate of your father.You mentioned that the house of your parents was built on a lot which belonged to your grandparents, and the same is still left undivided. You did not mention however if your father was the only child of your grandparents or he had other siblings. This is a very important fact so that we can answer you properly with your query. It is then to our understanding that the lot did not belong to your parents and this fact has a legal implication on your rights as an heir to your father.It is on this note that we wish to invite you to visit the Public Attorney’s Office (PAO) nearest to the place of your residence to give us more details about your query so that we can give you our appropriate legal advice on the matter.We hope that we were able to address your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/