1 Heirs Bond on Mon Oct 17, 2016 4:47 am
2 Re: Heirs Bond on Mon Oct 17, 2016 5:06 pm
The law is quite harsh, but its still the law.
3 Re: Heirs Bond on Mon Oct 17, 2016 6:11 pm
4 Re: Heirs Bond on Mon Oct 17, 2016 9:00 pm
In any case, you have to understand that the bank is just protecting itself from claims that might crop up after you get your mom's deposit. This two year period is provided for under the Rules of Court, so no point in arguing against it. Moreover, cash bonds do not cost naman the entire amount that you would be receiving. You should should around for a reputable yet affordable surety company. Or better yet, seek the help of a legal professional.
5 Re: Heirs Bond on Mon Oct 17, 2016 10:03 pm
6 Re: Heirs Bond on Mon Oct 17, 2016 10:08 pm
The bank need DOCUMENTS showing the money is yours.
Have you shown the bank the Extrajuridical verdict? Don't they bother about that?
On top of that the bank need a document showing your FATHER don't claim any part of these money.
"Also, you keep mentioning that you are a child and yet you already worked abroad. Please do not expect a bank to just hand over a big sum of money to a twelve year old. "
I have been grown up many years, but I'm my parents' child for ever
I suppouse Zem ment that.
7 Re: Heirs Bond on Mon Oct 17, 2016 10:15 pm
8 Re: Heirs Bond on Mon Oct 17, 2016 11:03 pm
Are the documents you show notarised?Zem wrote:I showed the Extrajudicial Settlement and my father's waiver. But they still insist I need to get the bond.
If Yes. then I find it redicilous if more are demanded
BUT I don't know what the law say about it. Some parts of the law are redicilous
9 Re: Heirs Bond on Mon Oct 17, 2016 11:05 pm
Summary Settlement of Estate
Section 1. Extrajudicial settlement by agreement between heirs. — If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.
The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof."
Permissions in this forum:
You cannot reply to topics in this forum