Query: How is property inherited and divided among siblings when a parent dies, the property is listed under the deceased's name as 'single', and some siblings are deceased?

In the Philippines, the distribution of a deceased person's estate is governed by the Civil Code, particularly the rules on compulsory heirs and intestate succession. The situation described involves a property listed under a deceased parent who was registered as 'single' despite having children. This scenario can create confusion and potential legal conflicts among the surviving relatives, especially regarding the rights of deceased siblings' descendants.

Understanding Compulsory Heirs:

Legitimate Children and Descendants: They are the primary compulsory heirs. In the absence of a surviving spouse, the estate of the deceased is divided equally among the children.
Representation in Succession: If any of the children are deceased, their share does not vanish but passes on to their descendants. This concept is known as the right of representation.

Division of Estate:

Verification of Ownership and Marital Status: Confirm if the property was indeed registered while the deceased was 'single.' If the deceased parent had no spouse at the time of the acquisition, the property is likely considered part of the estate for division among the children.
Dealing with Shares of Deceased Siblings: When a sibling who would have been a beneficiary has passed away, their portion of the inheritance automatically transfers to their children or descendants.
Sale of the Property: If one sibling wishes to sell the property, it can only be sold if all beneficiaries agree. Each beneficiary, including the descendants of any deceased sibling, must consent to the sale because they hold a share in the property.

Legal Steps to Take:

Settlement of Estate: Before any sale, it is advisable to formally settle the estate through a process called 'extrajudicial settlement' if there is no will, or through probate court if there is a will.
Title Transfer: The property's title should be transferred from the deceased parent's name to the heirs. This process may require paying estate taxes and filing the appropriate documents with the Registry of Deeds.
Partition Agreement: The heirs may enter into a partition agreement if they decide to divide the property. This agreement specifies who gets what portion or if the property is to be sold and the proceeds divided.

Considerations for Selling Property:

Agreement Among Heirs: All heirs must agree on the sale terms and distribution of proceeds.
Legal Guidance: Given the complexities, consulting with a lawyer who specializes in property and inheritance law is crucial to navigate the legalities smoothly and to draft the necessary agreements.

Conclusion: When dealing with inherited property in the Philippines, especially under complex family circumstances, it is crucial to adhere to the legal processes to ensure that the rights of all heirs, including those representing deceased siblings, are respected and protected. Proper legal advice and comprehensive agreement among all parties involved are key to resolving potential disputes and achieving a fair outcome.