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estates and waiver of rights of heir

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1 estates and waiver of rights of heir on Wed Feb 17, 2016 5:33 pm


Arresto Menor
Dear Group.

May I seek your advise for the situation of settling the estates of my younger brother. We are now filing the estate tax and we would like to avoid if possible and legal another payment of taxes.

My parents are in their late 70s and would like to transfer the titles of properties enlisted to my deceased brother straight to my name. I have an elder sister that are living in abroad and has renounced her Filipino citizenship already.

Can we execute a deed of extrajudicial settlement with both of my parents renouncing their rights, without mentioning that it would be given to me so that it would not be as a gift or donation? This is for the purpose of avoiding donors taxes. As succession of the heir does it go straight as my inheritance. My brother is single and has no children.

My sister and I can work out the proceeds of the estates on our own and she coming over here will be costly besides she don't have time to work this out as she has a family to take care in the states.

We would appreciate this forums advise that would help us save some amount in tax payments.

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2 please send advise on Thu Feb 18, 2016 11:36 am


Arresto Menor
Dear members,

Kindly send your legal wisdom to the issue I raised above.

Thanks you

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3 Re: estates and waiver of rights of heir on Mon Feb 22, 2016 9:35 pm


Reclusion Perpetua
Your brother's property goes to your parents dahil sila ay compulsory or forces heir. Kung iwi-waive nila ang right nila in favor of you only, that is still considered a donation. If ang properties ng parents mo ay ang galing lang sa brother mo,the whole property may not be given all to you. Your sister has share over the property of your parents. If she wants to waive it also in favor to you, she may do it only upon your parents death.

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4 estates and waiver of rights of heir on Mon Feb 22, 2016 10:52 pm


Arresto Menor
Dear Sir,

Thanks for yor valuable reply. We have decided to just submit an extrajudicial settlement for the favor of my parents alone.

The deed of donation we will do it one by one as indicating all properties to be donated one time will blow up the donors tax.

Please let us know if this is the right and thrifty way to do it.

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