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EJS to be prepared among heirs but 1 is married, deceased, an American citizen. How to handle?

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centro


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There is a proceeds from a bank which a family will claim pending compliance to an EJS among the 9 heirs (wife and children).  But one of the heirs (sibling)  is now deceased, legally married with kids, now an American citizen but deceased.  The value is not sizeable. Although small, the rest of the heirs based in the Philippines want a release of their minimal share.

How should the EJS treat the deceased heir?  Who should sign in behalf of the deceased? What other documents are needed? Thanks in advance for the advice.

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Katrina288


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The share of the deceased heir will go to the spouse and kids as his/her heirs. They will also sign as the heirs.

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centro


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Thank you Atty Katrina.  You have always been helpful.
It appears to be a difficult process considering all are American citizens, of age with a document needing a Red Ribbon for a minimal value of inheritance. I wonder if there are other simpler options.

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Katrina288


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You're welcome. Smile Since they are all interested in getting their shares, ganun po talaga yung mangyayari.

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centro


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What if an heir expressed disinterest and will not sign and be named in the EJS. The amount is so minimal for all the trouble (less than P50K only per heir). Will this EJS be accepted after going through the notarization, publication and affidavit of the publication? Thanks again.

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AWV


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If they refused to sign or lose interest on their shares, their shares will be open for donation and the rest of the heirs can match the price value if they wish to divide it to themselves.



Last edited by AWV on Mon Dec 15, 2014 4:35 pm; edited 1 time in total

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centro


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To AWV, if they lose interest, are they required to still sign in the EJS? We are avoiding signing of heirs based abroad.

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AWV


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centro wrote:To AWV, if they lose interest, are they required to still sign in the EJS? We are avoiding signing of heirs based abroad.

I doubt you can avoid them signing their shares but there should be a time frame set for them to respond to sign the said documents if they don't respond at all, this is the time it will be considered as donation. Arrange with the lawyer who is in-charge of this matter. He/she should be able to go round it.

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Ladie


Prision Mayor
Centro... can the spouse and heirs of the deceased american citizen execute a sort of document waiving their rights to the inheritance of the deceased conveying, transfering it to the other siblings of the deceased american citizen sibling? Have it executed in U.S. with a red ribbon and send it to you? From there, can then execute an EJS among the remaining siblings in the Phil. indicating/including in it the document with waiver of right? Consult an attorney if this is possible.

I am not a lawyer but just an ordinary person sharing my opinion, idea and knowledge that maybe of help to you.

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centro


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Thanks for the ideas seeded.

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