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EXTRAJUDICIAL SETTLEMENT

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1 EXTRAJUDICIAL SETTLEMENT on Sat Feb 09, 2013 5:26 am

clariden


Arresto Menor
I have a lot (CTC 123) in my name. it was given to me when i was 18 yrs old. (i was born 1967). I got married in 1990 which makes CTC 123 conjugal. Unfortunately, my husband died in 2007 leaving with me 3 children all at that time were minors (1991 1992 1996). Which makes me again the sole heir of the property. I am using this CTC123 for a loan collateral. Does it still needs exttrajudicial settlement stating that I am the sole heir of the said property again? Please help me.

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2 Re: EXTRAJUDICIAL SETTLEMENT on Sat Feb 09, 2013 9:02 am

jd888


moderator
You and your children as heirs can simply ask a lawyer to draw up a deed of extra-judicial settlement of your late husband's estate (Conjugal). You can then have it notarized, and then have the notice published in a newspaper of general circulation once a week for three weeks. After you pay the corresponding taxes, you can then present the deed, the notarized affidavit of publication and the official receipts, to the Register of Deeds so that new titles can be issued to your heirs.

You will get one-half of the estate as your conjugal share. The remaining half will then be divided among your children. (But nothing prevents heirs from giving up their share of the inheritance, or from choosing and getting a lesser amount.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: EXTRAJUDICIAL SETTLEMENT on Sun Feb 10, 2013 7:15 am

jd888


moderator
Regarding your PM @Clariden, so that everyone knows, you have to subscribe to the whole process because the more we adhere to it, the better the outcome of our en-devours.

The Tax I am referring is the Estate Tax is a tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition. It is not a tax on property. It is a tax imposed on the privilege of transmitting property upon the death of the owner. The Estate Tax is based on the laws in force at the time of death notwithstanding the postponement of the actual possession or enjoyment of the estate by the beneficiary.

TAX FORM
BIR Form 1801 - Estate Tax Return

DOCUMENTARY REQUIREMENTS
1) Notice of Death duly received by the BIR, if gross estate exceeds P 20,000 for deaths occurring on or after Jan. 1, 1998; or if the gross estate exceeds P 3000 for deaths occurring prior to January 1, 1998

2) Certified true copy of the Death Certificate

3) Deed of Extra-Judicial Settlement of the Estate, if the estate is settled extra judicially

4) Court Orders/Decision, if the estate is settled judicially;

5) Affidavit of Self-Adjudication and Sworn Declaration of all properties of the Estate

6) A certified true copy of the schedule of partition of the estate and the order of the court approving the same, if applicable

7) Certified true copy(ies) of the Transfer/Original/Condominium Certificate of Title(s) of real property(ies) (front and back pages), if applicable

8 ) Certified true copy of the latest Tax Declaration of real properties at the time of death, if applicable

9) "Certificate of No Improvement" issued by the Assessor's Office declared properties have no declared improvement or Sworn Declaration/Affidavit of No Improvement by at least one (1) of the transferees

10)Certificate of Deposit/Investment/Indebtedness owned by the decedent and the surviving spouse, if applicable

11)Photo copy of Certificate of Registration of vehicles and other proofs showing the correct value of the same, if applicable

12)Photo copy of certificate of stocks, if applicable

13)Proof of valuation of shares of stocks at the time of death, if applicable

- For listed stocks - newspaper clippings or certification from the Stock Exchange

- For unlisted stocks - latest audited Financial Statement of issuing corporation with computation of book value per share

14)Proof of valuation of other types of personal property, if applicable

15)Proof of claimed tax credit, if applicable

16)CPA Statement on the itemized assets of the decedent, itemized deductions from gross estate and the amount due if the gross value of the estate exceeds two million pesos, if applicable

17)Certification of Barangay Captain for claimed Family Home

18)Duly notarized Promissory Note for "Claims against the Estate" arising from Contract of Loan

19)Accounting of the proceeds of loan contracted within three (3) years prior to death of the decedent

20)Proof of the claimed "Property Previously Taxed"

21)Proof of claimed "Transfer for Public Use"

22)Copy of Tax Debit Memo used as payment, if applicable


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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4 Re: EXTRAJUDICIAL SETTLEMENT on Tue Nov 19, 2013 9:36 am

efjavier


Arresto Menor
I got a conjugal lot and already have a buyer. I was a former overseas Filipino worker and the lot is our backup investment. I am jobless right now and selling the property is what I mean as backup to our financial needs.

I just did the extrajudicial with adjudication in favor of myself and waiver of rights by my 3 sons whose age are 29, 26 and 20.

I am totally not familiar with the process and just learning from the information I am getting from internet.

I came upon this bond of heirs for personal property. Is it applicable to us? I am worried about this because I am not financially stable.

Maybe you can also advise the newspaper, or the best newspaper I can bring the extrajudicial for publishing and that It will not charge much.

Many thanks in advance.

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5 Re: EXTRAJUDICIAL SETTLEMENT on Wed Nov 20, 2013 11:02 pm

hlslawph


Arresto Menor
No, the bond is only for personal properties. For real properties, there will be a 2-year lien on the properties to protect possible creditors.

Look for a local newspaper to save on costs.

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6 Re: EXTRAJUDICIAL SETTLEMENT Today at 6:04 pm

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