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Extra Judicial Form

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1 Extra Judicial Form on Wed Apr 20, 2016 12:30 am

paclibet87


Arresto Menor
Hi, I would like to seek an advice on what needs to be done on our case. My father passed away last year and left some money on his bank account with PNB. I have 4 siblings and we all gave my cousin in the Philippines a SPA so she can withdraw my father's money from PNB for us. All of us are residing here in California and no one could go back to the Philippines to withdraw my father's money. My cousin been gone back and forth to PNB and still can't withdraw the money because of all the required documents. Yesterday my cousin informed me that she was required to submit an Extra Judicial form from my father's heirs; however, when I researched for the form it is for someone that has property in the Philippines. My father doesn't not have any property in the Philippines. How will I fill out this form if it is asking for the description, market value, etc. Please help me on this. Thank you.

Maria

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2 Re: Extra Judicial Form on Wed Apr 20, 2016 7:25 am

centro


Reclusion Perpetua
The bank can guide your cousin on how to go about it. They require compliance to the following: clearance from BIR that estate taxes have been paid and settlement by the heirs through EJS. Bank accounts are covered. As most of you are based abroad, they may ask for an affidavit with a red ribbon.

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3 Re: Extra Judicial Form on Fri Apr 22, 2016 2:30 am

paclibet87


Arresto Menor
I already provided all of the affidavits that they asked and still asking for the Extra Judicial form. I've given my cousin the SPA to take care of this together with my siblings waiver of rights. I'm just so confused on why they need this form which I told my cousin that my father didn't have any kind of property here in the US nor there in the Philippines. Thanks for your reply.

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4 Re: Extra Judicial Form on Fri Apr 22, 2016 7:56 am

Filia


Reclusion Perpetua
Extrajudicial Settlement of estate is not just for real property such as lands, etc but also personal property such as money. Well, all you need to state in the EJS of estate is the money, the bank, the account name. Just matters related to that money.

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5 Re: Extra Judicial Form on Mon Apr 25, 2016 10:03 pm

paclibet87


Arresto Menor
Do you have a copy of an Extra Judicial with Waiver of Rights form that you can share with me? Thank you.

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6 Re: Extra Judicial Form on Tue Apr 26, 2016 12:59 am

centro


Reclusion Perpetua
The elements of the EJS:
1. List the persons executing the EJS
2. Establish they are the only heirs of deceased parents
3. Cite no will or testament
4. Cite situation that deceased left cash est. at xx deposited at xx
5. Cite indebtedness status (none or outstanding)
6. Establish how to divide the estate among the heirs
7. Mention adjudication plan

This is just an outline for your initial reference. Refer to your personal lawyer for the wordings and the notarization.

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7 Re: Extra Judicial Form Today at 5:35 pm

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