5 yrs care for mother. Made a claim, emailed to the administrator, 3 months after probate was granted. Advised to refrain from distributing any assets until the claim and potential abuse are resolved. Discovered abuse of the EPA. Evidence. Bank statements affidavit. No correspondence, just promises to engage. Stalled communication, I believe. 3 days before probate finished, responded. Recognized my claim. Made an offer. I counteroffer. Again, EPA stalled, made out to make out to reoffer. Declined everything. After the probate finished. I would like to protect my legitimate interests. The property is all that's left. Protect the property from being sold until my day in court?
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P.O OHIKHENA & Co
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Recososa Law Firm
Hello:
From what you shared, you rendered care for your mother for five years and made a claim against the estate after probate was granted. You also raised issues on possible abuse of the Enduring Power of Attorney, backed up by bank statements and affidavit. While the administrator acknowledged your claim and even made an offer, there seems to be deliberate stalling and now probate has been completed with the property left as the only remaining asset. You want to make sure the property is not sold until your rights and claims are properly heard in court.
Presuming this is within Philippine jurisdiction, here are the remedies you may consider:
a.) You may file a formal claim before the Regional Trial Court against the estate under the Rules of Court, specifically Rule 87, which allows persons with claims arising from expenses for the care of the decedent or debts of the estate to file money claims.
b.) Since you are alleging abuse of authority by the attorney-in-fact under the Power of Attorney, you may also initiate a separate action for accounting, restitution and damages under the Civil Code provisions on obligations and contracts, as well as on agency.
c.) To prevent the administrator or heirs from disposing of or selling the property while your claim is unresolved, you may file an application for injunction or a notice of lis pendens. A notice of lis pendens is annotated on the title with the Registry of Deeds, giving notice to third parties that the property is subject to pending litigation. This protects your claim until the court makes a determination.
d.) If distribution has already begun, you may also ask for the annulment of distribution or recovery of your rightful share from those who already received, if proven that your claim was disregarded.
Given the complexities, it is crucial to act quickly before the property is disposed of. We at Recososa Law Firm can assist you in preparing the appropriate pleadings and filing the necessary case to protect your rights. We have offices in Luzon, Visayas and Mindanao, and we can meet via google meet or zoom call, or you may visit our office for a physical consultation. You may email us at recososalawfirm@gmail.com and indicate you are a client from LawZana. Alternatively, you may call or text us at +639175046510.
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