Question: I am a middle child. What are my legal recourse to obtain rights on the property of my parents?

Answer:

Your position as a middle child does not inherently affect your legal entitlement to your parents' property under Philippine law. Inheritance is generally determined by a will, by intestate succession, or by legal agreements.

What if My Parents Have a Will?

If your parents have a Last Will and Testament, your entitlement to their property will generally be dictated by the terms of the will, as long as it complies with the law.

What if My Parents Die Without a Will?

If your parents pass away without a will (intestate), the Civil Code of the Philippines outlines how the estate will be divided. Legitimate children, regardless of birth order, are entitled to equal shares.

Can My Parents Disinherit Me?

Your parents can disinherit you only for legal causes specified under Articles 919 to 921 of the Civil Code. This is rare and usually occurs under extreme circumstances such as attempting to kill one’s parents.

What Are My Options If I'm Left Out of the Will or Receive Less?

Challenge the Will: If you believe you've been unjustly excluded or the will was made under duress or fraud, you can contest it in court.
Claim Legitime: Under Philippine law, legitimate children are entitled to a compulsory portion known as "legitime." This is a portion of the estate that cannot be freely disposed of by the parents.

What if My Parents Transfer Their Property Before Death?

Collation: If you suspect your parents are transferring assets to other siblings without equal compensation, you may invoke the right of collation to bring the gifted

property back into the computation of the estate.
Question the Transfer: If the transfer of property was done to deliberately defraud you of your share, you might challenge it as a fraudulent conveyance.

Conclusion:

Being a middle child does not diminish your legal rights to your parents' property. You have various avenues to ensure your lawful share, either through the provisions of a will or the rules of intestate succession. If you have concerns, consult a legal expert to guide you through the intricacies of inheritance law in the Philippines.