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ExtraJudicial Settlement of Heirs

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1 ExtraJudicial Settlement of Heirs on Thu Mar 14, 2013 9:48 pm


Arresto Menor
I would like to ask for an advice regarding our problem on the Heirs included in the ExtraJudicial. There are two Heirs out of Six Heirs, who don't want to sign the ExtraJudicial, considering that it stated the proper equal share, they inherited. Their reasons is they want to process on their own. How could it be when we have to execute only one ExtraJudicial for the whole heirs so we can pay for our estate tax. Please advise

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2 Re: ExtraJudicial Settlement of Heirs on Fri Mar 15, 2013 12:44 am


Prision Mayor
For Joanneabarquez:

Try to use judicial settlement of the estate Rule 74 of the New Rules of Court. In this case, I think, repeat I think, palagay ko, ung 4 heirs can petition the court to partition the estate if the 2 don't want to settle the partition by extra-judicial settlement without the intervention of the court. Of course, you will be spending some litigation expenses. I don't know if the 4 can go ahead and make the extra-judicial settlement with provisions of the rights of those who have not participated in the settlement have 2 years to petition the court for their claim.

I am not a lawyer, but just an ordinary person and this is only a sort of comment/opinion...

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3 Re: ExtraJudicial Settlement of Heirs on Fri Mar 15, 2013 1:20 am


Arresto Menor
I have the same question. What to do when one of the heirs (out of 6) doesn't want to sign the equal-share extra judicial partition? He's based abroad and he wants full accounting of the proceeds from the common properties for the last 10-15 years. My questions are:

-- Considering that he's the only one with complaints, should he be the one to file a case for judicial partition? Because he's based abroad, what happens when the court asks for his personal appearance and he's not able to come at the specified time? Will this result to possible dismissal of the case?

-- Can the 5 of us collectively file for judicial partition instead-- para mas madali?

-- Ang judicial partition ba ay always considered fair and (by known records/experience) followed unquestionably by everyone concerned? What is usually the court's basis for partition?

Thanks in advance for any advice/comments given.

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4 Re: ExtraJudicial Settlement of Heirs on Sun Jul 21, 2013 10:46 am


Arresto Menor
My question is somewhat similar to their question. The widow and 4 children can't come up with a settlement. Is it possible or is there such a "default" for this that the the land will not be divided and the title will bear the names of the widow and her 4 children? Thanks in advance.

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5 Re: ExtraJudicial Settlement of Heirs on Wed Jul 24, 2013 4:22 pm


Prision Correccional
They cannot also process the transfer with their own. Since the whole property is under the name of the decedent and your one of the heirs, your signature is also needed by them to proceed with the transfer transactions. Like what Joanne said, you may apply the judicial settlement of the estate Rule 74 of the New Rules of Court but you will be spending some litigation expenses, which is more hassle.

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6 ExtraJudicial Settlement of Heirs on Tue Jul 26, 2016 9:52 am


Arresto Menor
Hi, regarding the “Extrajudicial Settlement of Estate”, what if the signatory heir is in abroad. What process I can do to execute the said Settlement?

thanks ronnie

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7 Re: ExtraJudicial Settlement of Heirs on Thu Jun 01, 2017 1:31 pm


Prision Correccional
Hi Ronaldo: Pagawin mo sya ng SPA nya na magsa-sign in behalf of him/her. since nasa abroad sya, dapat consularized ang spa.

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