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Extrajudicial Settlement

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26 extrajudicial settlement with sale on Thu Aug 04, 2011 7:19 pm

mychoice


Arresto Menor
Hi I'm new in this forum and just need to sell property with estate problem, I really hope you can help me...

My parents left us with property, we are 3 siblings all married and with children. My father died 5 years ago and we have settled the estate tax and did the extrajudicial settlement of estate. We now have the new title with us and my mom as owners with sharing accordingly. My husband died a year after my dad. Then 2 years ago, my mother died, but we can't pay anymore the estate tax due to no funds. Now we want to sell the property so we can settle our problem... Can we do an extrajudicial settlement with sale? Do my children have a share on the this settlement since my husband died? by the way we signed a extrajudicial settlement after my mother died but we haven't paid the estate tax, can we still use that extrajudicial settlement or we need to sign a new one?What is the best way to do this.... I really appreciate if you can help me...

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27 Re: Extrajudicial Settlement on Sat Aug 06, 2011 8:00 pm

attyLLL


moderator
your husband had no share in the property. the siblings can sell it


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28 Re: Extrajudicial Settlement on Mon Jun 04, 2012 9:23 pm

eosales79


Arresto Menor
hi,
my friend have a property (house and lot) to sell...his mother was already dead and his father left them since 2003... he was their only child. What legal means needed to sell the said property...thanks!

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29 Extra Judicial Settlement of Estate on Wed Jun 06, 2012 2:50 pm

lotti


Arresto Menor
Dear Atty, we are currently holding an extra-judicial settement of estate and I would like to seek for your advice regarding the next step we have to do. I paid the lawyer 3,500 for this. It was regarding the lot left by my deceased father. My mother and I are the heirs. Since I have the document already with me (the extra judicial settlement of estate) signed by a lawyer, may I know when and how we can have it published? The lot is located in Malvar, Batangas.

I am hoping for your reply. Thank you very much in advance to your helpful site.

Best Regards.

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30 Re: Extrajudicial Settlement on Fri Jun 15, 2012 12:43 pm

e_ambrad


Arresto Menor
Thank you.



Last edited by e_ambrad on Thu Jul 05, 2012 4:24 pm; edited 1 time in total (Reason for editing : Problem solved.)

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31 Re: Extrajudicial Settlement on Wed Jun 27, 2012 12:16 am

lucinda razon


Arresto Menor
magandang araw po, magtatanong lang po ako tungkol sa mga ari-arian ng mga magulang ko po na namatay na, wala po silang naiwan na last will, mayroon pong mga bahay na naipundar ang aking mga magulang at ito ay naipamahagi na sa aming magkakapatid ng aking kapatid na matanda sa lahat. Ngayon po ung napunta lang sa akin ay ang kapiraso ng main house namin na maliit lamang ang sukat. kung baga kahati ko sa bahay at lupa ang isa kong kapatid. Papaano ko po kaya mapapatituluhan ang kapirasong lupa na napunta sa akin? Isa pa po ako lang po ang hindi napag aral ng aking mga magulang lahat ng aking mga kapatid ay pinag aral nila, sa kadahilanan po na pinag alaga po nila ako ng mga anak ng nakakatanda kong kapatid. Hindi po ba dapat ako ang may karapatan sa isang bahay na napunta pa sa kapatid kong nakadispalko ng pera ng aking mga magulang. Sa lahat po ako ang walang tinapos at kakarampot lang ang bahay o lugar na napunta sa akin. Pagpayuhan po ninyo ako. Salamat po.

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32 EXTRA-JUDICIAL SETTELEMENT on Thu Jun 28, 2012 4:19 pm

labonidee


Arresto Menor
Good afternoon po. I just want to ask if an extra judicial settlement is still needed for the property owned by my father, since, it was written in the property title that he is "married to" my mother. My mother passed away 4 years ago and my father is thinking of selling the property. The buyer is asking him to prepare the extra judicial settlement. My father insisted that there is no need for this, as the property is under his name. My father believes po kasi that extra judicial settlement is needed only kung ang mismong may-ari ng property ang namatay at hindi yung spouse. Would appreciate your advice. Thank you.

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33 Re: Extrajudicial Settlement on Thu Jun 28, 2012 4:42 pm

lawyeranger


Prision Correccional
sharing in the inheritance must be equal, if there is no last will, if indivisible? it must be valued correspondingly in equal shares as well,
dipalko ng pera-not a valid ground for disinheritance
lack of education-not a valid ground to inherit a greater amount

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34 Re: Extrajudicial Settlement on Thu Jun 28, 2012 4:44 pm

lawyeranger


Prision Correccional
yes, your father is correct...just file a petition for change of status from married to widower so that he could sell the property

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35 Re: Extrajudicial Settlement on Thu Jun 28, 2012 5:22 pm

labonidee


Arresto Menor
Thank you so much po for your reply.

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36 Re: Extrajudicial Settlement on Fri Jun 29, 2012 7:03 pm

pro bono2012


Arresto Menor
paanu ko ba magagamit ang extrajudicial settlement sa paghahati ng lupa kht buhay pa ang nanay ko

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37 Re: Extrajudicial Settlement on Sat Jun 30, 2012 1:46 am

lucinda razon


Arresto Menor
magandang araw po, ask ko lang po kung papaano papatituluhan ang lupa na parte ko sa mana na nakuha ko? kc po kahati ng bahay na minana ko ay sa kapatid kong isa. bale isang lupa lang kmi pero magkhati ang bhay. ang tanong ko po papano ko po ililipat sa pangalan ko ang titulo ng bahay. Salamat po.

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38 Re: Extrajudicial Settlement on Sat Jun 30, 2012 9:14 am

attyLLL


moderator
labonidee, imo, it depends how your father acquired the property. if he bought it during the marriage, then it is conjugal and your mother's estate is part of it. if he received through donation or inheritance, then it is his sole property.

lucinda, you need to have it surveyed then file a deed of partition at the register of deeds. this is possible if everyone is willing


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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39 Re: Extrajudicial Settlement on Mon Jul 02, 2012 12:22 am

lucinda razon


Arresto Menor
thank you po atty. god bless

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40 Re: Extrajudicial Settlement on Tue Jul 03, 2012 12:19 am

lucinda razon


Arresto Menor
dear atty.
mayroon po akong kpitbhay na nagpaparenta ng piso net sa lugar o bhay nya, lagi po maingay sa lugar at wlang katahimikan dahil sa ingay ng mga computer, sinangguni ko na po sa barangay namin kso po hndi man lang po binigyan ng pansin. isa pa po sa tingin ko wala po itong business permit sa city hall, lagi na lang po maingay dito, ano po ba ang dapat kong gawin? dapat ko po bang ipagbigay alam ito sa munisipyo, pagpayuhan nyo po ako. salamat po.

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41 extrajudicial settlement on Fri Jul 27, 2012 5:40 pm

b4051


Arresto Menor
hello thanks for any advice. Smile



Last edited by b4051 on Sat Jul 28, 2012 2:20 am; edited 1 time in total

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42 Re: Extrajudicial Settlement on Fri Jul 27, 2012 7:39 pm

gmaya


Arresto Menor
We already have an extra judicial settlement by we have never really implemented it.. Initially our agreement was to put all our names in titles our parents... but since we never did that, recently since my other siblings are based out of the Philippines, some have decided that they are not interested anymore. All the estate tax have been paid, now my question is could we make another agreement where we can particularly divide the property title individual and that those can waive their rights?

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43 Re: Extrajudicial Settlement on Mon Sep 03, 2012 12:12 pm

marnellipea


Arresto Menor
Hi. My mother passed away two years ago and left no will. We are left with two cars and a condominium unit, all registered and titled respectively to her. All these were acquired within marriage to my father. About debt, i am not really sure if her credit card debts, outstanding when she died, have been waived. She also had a pre-need life insurance, which will mature in 2015. Are we eligible to file for an extrajudicial settlement of estate? Thanks.

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44 Mother Died on Wed Sep 12, 2012 12:59 pm

5203943


Arresto Menor
My mother is an american citizen and owns property in the Philppines. She died in July and we need to settle her estate. Our dad is still alive and he is an American citizen. What are the deadlines we need to file on time and the forms we need expedited. We are all american citizens. Can you please answer some of our questions of what we need to do?

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45 Re: Extrajudicial Settlement Today at 12:30 pm

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