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Land Title expire/penalize if not transfered from a deceased parent?

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roggiedc


Arresto Menor
Dear Attorney,

I would like to inquire if a land title expire or I get a penalty if I did not transfer the land title to my name from my deceased father?

Please advice. Thank you.

Roggie


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attyLLL


moderator
the penalties will be for estate tax. if real estate tax is not being paid, it may be eventually auctioned by the local government.


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roggiedc


Arresto Menor
Thank you for the quick reply.

The Estate tax is being paid every year.

I would like to ask your advice. Because I have two land title that came from my father. My father and mother were legally separated. I don't know why but my father named the other land title to my uncle. Now my two land title is named from my father and my uncle. Due to financial problem I can only transfer one title for now.

My questions are:

1. If I transfer the land title that is named on my uncle. Will I have a problem with the other one that is named from my deceased father? My father is gone for almost 6 years now.

2. Which is cheaper to use when transferring land title? Deed of donation or deed of sales? Or there maybe that I did not mention.

3. Off topic, Do the court honors last will and testament that was hand written on a yellow pad paper? It is not notarize or something.

Please advice. Thank you.

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attyLLL


moderator
the annual tax is called real estate tax. estate tax is the tax for transferring the title when the owner dies. it is supposed to be paid within 6 months, after which, there are penalties.

is your uncle willing to transfer his ownership to you? if you will pay for the property, then a deed of sale is proper. if not, then a deed of donation.

a handwritten is called holographic will and is valid.


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roggiedc


Arresto Menor
How will I know if this was paid within 6 months? Also will there be another payment after that beside the annual tax?

My uncle is willing to transfer without payment. But I heard that deed of sale is better than deed of donation because the donor can recall his property at will with DOD unlike DOS the seller cannot recall the property. Also, even I will not pay the property my uncle is willing to in any matter will the land title be transferred. As long as it is my expenses it does not matter.

does this holographic will need to be notarize? Because it was not notarize on Public Notary.

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attyLLL


moderator
it probably was not paid because there isn't even a notice of death yet.

if you do a deed of sale, you are falsely making it appear that you paid for the property and then swearing before a notary that this is the truth. up to you if you are ok with the risk.

a holographic will ned not be notarized but will need to be probated in court


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roggiedc


Arresto Menor
Thank you for your help and enlightenment. Should you have more clients to come.

Smile Very Happy

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