My mom (the eldest child) and her siblings inherited land from my grandfather. My mom had a house built on the prime lot years ago. It's the same house that her siblings would stay in whenever they visited. Now, her siblings are claiming they have no knowledge about this improvement and wants to sell the inherited land along with house. Of course, my mom doesn't want to sell. My mom had the land title and have been paying for the estate tax. However, she had given it to them assuming that they will leave the house out should they want to sell. Can my mom keep the house? Does she have the right to choose which part of the land she can claim? Does being the eldest child have any advantages? Does her siblings have right to sell the house and/or share the profit if they can sell it?
Lawyer Answers
Casiding and Associates Law Office
Mar 17, 2026
Mar 17, 2026
Best Answer
The successional rights of siblings, assuming all are legitimate, are equal with each other, assuming your grandpa and grandma had died intestate. Thus if your mom wants to keep the house and land on which it stands, she can pay out the equal shares of all her siblings minus expenses for estate tax, RPT paid for several years, etc. Or else, in case the heirs decide that the entire property be sold, the expenses of your mom for tax payments and house be refunded to her, and the net estate (minus estate tax and all expenses for publication and ROD registration) be divided equally among all siblings. If despite all these, the heirs can't peacefully agree, then any of the heirs may file action for partition in court.
Romano Legal Services
Mar 30, 2026
Mar 30, 2026
Thank you for your question.
You said your siblings would stay in the house which your mom built but they are saying now that they have no knowledge about the same house. So, I assume that your siblings thought that the house was built and owned by your grandparents. Now, to anwer your questions:
- Can my mom keep the house?
- Yes, she can unless her siblings pay her for its value.
- Does she have the right to choose which part of the land she can claim?
- Yes, specially to the portion on which her house stands.
- Does being the eldest child have any advantages?
- As to the proportionate share over the property, none, as all co-owners will equally share over the property. As to moral ascendancy over her siblings, yes, as her voice carries more weight.
- Does her siblings have right to sell the house and/or share the profit if they can sell it?
- Certainly, but minus the proportionate share of each of them for the expenses of maintaining the property in good condition. But your mom can agree with her siblings as to the price of the entire property and pay her siblings his or her share. Then your mom can keep the land and the house to herself alone.
Thank you.
Atty. Jojo
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