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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111501
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I have a problem my mother and father is legally married

Customer Question

Hello I have a problem my mother and father is legally married in Guam. And I was legally adopted by my parents. Now my father has a son outside the marriage and this son is after the property of my parents in the Philippines. He says his mother and my father was married before my mother and father got married in Guam. He wants the house and has already ordered my aunt who takes care of the house to leave. There is no will. What do I do? Does he have the right to take over the house while I am here in Las Vegas and I have never gave him any indication to live in there? Can I take any action against him for taking all my parents belongings and documents. My parents are also dual citizen but I'm not. Can he do anything to jeopardize against my us citizenship if I go home to the Philippines because of his mom marriage to my father.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Can I just sell the property and give half the shares to the illigitimate son?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
At this point, he has a claim on the property as an heir. You also have a claim to the property as an heir. Without a will you will both be equal owners of the property. In order to sell the property or do anything with the property, you have to open probate on that property and you need an attorney there to file the paperwork so an estate can be opened in probate and then if you two cannot agree on the property it can be sold and the proceeds from the sale would be divided between the two heirs equally.