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Extrajudicial settlement among heirs

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1 Extrajudicial settlement among heirs on Mon Jan 28, 2013 7:41 pm


Arresto Menor

I have a question, my mother died last dec 30, 2012 and she had acquired several properties. My father is still alive and the title of the lot states that it is name to my mother married to my father. My question is, how do I go ahead and transfer the property to my father? or can it be named to my father then I am the son? or should I execute a deed of donation then the extrajudicial settlement?

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2 Re: Extrajudicial settlement among heirs on Tue Jan 29, 2013 10:59 am


Arresto Menor
Is it still called conjugal property when it states: Juan Dela Cruz, married to Jauna Dela Cruz, both of Legal age and Filipino citizens? if Juan Dela Cruz died, and Juana Dela Cruz Cruz still lives, is the property hers immediately? Do we need to excute a deed of extra judicial settlement?

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3 Re: Extrajudicial settlement among heirs on Tue Jan 29, 2013 12:09 pm


Arresto Menor

Yes it is conjugal property when the title states the "name of the owner, married to name of spouse."

Under the law of Succession, the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death by his will or by operation of law.

Assuming there was no will executed by your mother, then what you should do next is to execute a Deed of Extrajudicial Settlement of the Estate of your mother. This is needed for the legal transfer of the properties to whomever in your family, depending on what you put in the Manner of Distribution in your Deed of Extrajudicial Settlement.

Take note though, that only the 1/2 conjugal share of your mother will be subject to the settlement. However, the half conjugal share of your father may be waived in the same document as well.

I suggest you consult the services of a lawyer. He will explain more on the specifics, since I can only explain here based on the information made available.

Hope you get the general idea though. Smile

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4 Re: Extrajudicial settlement among heirs on Tue Jan 29, 2013 2:54 pm


Arresto Menor
Good afternoon Atty. I have few questions related to the subject above. Recently, our father passed away leaving about 6000sqm of residential lot (a conjugal property of our mother and father). Our mother died years ago before his death came without us settling our mother's estate. Only recently, we found out that our father sold almost of half of the property and left a testamentary manifestation leaving the property to his second wife and son. my questions are:
1. is the will valid considering that he sold almost all of his share?
2. how do we go along transfering the titles to us(the legitimate children) considering that portions of the property were sold to different people?
3. is settling the with extrajudicial settlement still an option?
4. how do we protect the share of our mother (which is supposedly our share since our mother passed away before our father)?

Thank you very much for taking time to answer my questions. God bless ...

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