Disclaimer: This article is not intended to provide any legal advice. If you need legal advice, consult with a legal professional such as a lawyer licensed to practice in your jurisdiction.
Did a deceased relative left you some assets in the Philippines?
For Filipinos who have assets and properties in the Philippines, understanding the process of transferring and distributing these assets after a loved one’s passing is crucial. One of the most common methods for handling the inheritance of properties in the Philippines is through a Deed of Extrajudicial Settlement of Estate. This article aims to provide a comprehensive yet easy-to-understand guide to the process.
What is a Will, Why is it Important to Write One and Who Should You Leave Your Estate To?
A will is a legal document that controls how your property will be distributed after your death. It also names an executor (also called an administrator or trustee), who will be in charge of carrying out the instructions in the will.
A will can help you avoid costly and time-consuming court battles by specifying who gets what, as well as how to distribute your assets or other valuable items.
If you die without a will, your assets will be governed by the law of intestate succession. This means that the assets will be transferred according to the applicable law at the time of your death which may not necessarily be in line with your wishes.
What is an Extrajudicial Settlement of Estate? Is it an Alternative to a Will in the Philippines?
An Extrajudicial Settlement of Estate is a legal process involving surviving heirs of a deceased person to distribute the deceased person’s property. The surviving heirs of the deceased will sign a document called “Deed of Extrajudicial Settlement of Estate”.
Executing one’s last will is not a common practice in the Philippines. Most people in the Philippines die without a will. An Extrajudicial Settlement of Estate is the legal process available for the heirs and beneficiaries to manage and distribute the properties left behind by the deceased. This process does not involve the court (extrajudicial means “out-of-court”). It is essential, however, that all heirs agree on the distribution of assets and sign the deed of extrajudicial settlement in front of a notary public. If the heirs cannot agree, then going to court will be the last option.
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What are the Requirements for an Extrajudicial Settlement of Estate?
- The deceased left no will and no debts.
- All the legal heirs must be of legal age (or the minors have legal representatives) and must be in agreement with the division of the assets.
- he heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose.
- The Extrajudicial Settlement of Estate is made in a public instrument (notarized).
- The fact of extrajudicial settlement is published in a newspaper of general circulation (note that the extrajudicial settlement is not binding upon any person who has not participated therein or had no notice thereof).
- A bond is filed with the Register of Deeds.
What Other Documents Do You Need if You Live Abroad?
If you do not intend to travel and personally process the distribution or transfer of assets in the Philippines by yourself, consider executing a “Special Power of Attorney”. Better known as “SPA”, a Special Power of Attorney is a legal document that authorizes someone to act on your behalf. An SPA is usually required in formal settings such as when dealing with a government office.
Also, consider having your SPA authenticated (colloquially known as “consularized” or “red ribbon”) if you live outside the Philippines. This process ensures that your document which was executed abroad is valid for use in the Philippines.
What are the Steps in the Extrajudicial Settlement Process?
- Prepare the necessary documents:
- A certified true copy of the deceased’s death certificate
- Notarized Deed of Extrajudicial Settlement of Estate, signed by all the legal heirs
- Proof of publication of the notice
- Tax Identification Numbers (TIN) of the deceased and the heirs
- Other relevant documents, such as land titles and tax declarations
- File the Deed of Extrajudicial Settlement of Estate and other required documents with the Bureau of Internal Revenue (BIR) in the Philippines.
- The BIR will assess the estate tax, which the heirs need to pay within six months from the date of the decedent’s death. Penalties and interest may apply for late payment.
- Secure the Certificate Authorizing Registration (CAR) from the BIR after paying the estate tax.
- Register the properties with the appropriate government agency (e.g., Register of Deeds for land titles) and have the property titles transferred to the heirs’ names.
- Pay the corresponding transfer taxes and documentary stamp taxes to the local government and the BIR, respectively.
What are the Benefits of Obtaining Legal Counsel in the Philippines?
The Philippines is a country with a rich and diverse legal system influenced by the old Spanish Civil Code and the United States Code. In other words, the Philippine legal system is complex.
Obtaining legal counsel is recommended and can be especially important if you are living abroad or if your country has different laws than where you currently live.
Seeking out the services of a professional that specializes in law so that they can offer you their opinion on your current situation and help you make informed decisions about what to do next.
Conclusion: Proper Estate Planning Enables a Successful Property Succession
Understanding the Deed of Extrajudicial Settlement of Estate in the Philippines is essential for Filipinos with assets and properties back home. This process allows for a more straightforward, efficient, and cost-effective method of transferring and distributing a deceased person’s estate among their legal heirs. Familiarizing oneself with the requirements, steps, and importance of seeking legal assistance can help ensure a smooth and hassle-free inheritance process.
An Extrajudicial Settlement of Estate is just one among many ways to transfer the ownership of assets in an estate to the heirs or beneficiaries. It is usually completed after someone dies. It avoids costly litigation for as long as all the beneficiaries agree.
Since an Extrajudicial Settlement of Estate is a legally binding document that needs to be signed before a notary public, it is best to have one prepared by a competent legal professional such as our lawyers here at JCA Law Office. Give us a call at 1-855-522-5290 during office hours or send us a message on our Facebook or Instagram Page. You may also send inquiries via our webform.
In case one of the beneficiaries is an Estate of another heir, who could sign for it in the Deed?
Hi Alicia,
We need more information on your inquiry. Please check via email message we have sent you.
Who are included in the extra judicial settlement of state?
My sisters and I are the only living survivors living in USA.
Nieces and nephews wants to be a part of the state.
How does it work?
My email: isabelitarubio.1952@gmail.com.
Hoping for response.
Thank you
In general, surviving heirs usually are the spouse and children.
Other family members may be entitled to the estate depending on the circumstances.
Please check our email message you so we can better assist you. Thank you.
My father died on August 2016. We are 6 siblings, but two had died and left behind three children each. One of them has a surviving spouse . How would the deed of extrajudicial statement be written in regards to heirs?
Hello! My mother and siblings are interested to appt for estate tax amnesty due this June, 2023..one of her sibling(living in u s) single but with 2 children, is waiving her rights on the estate . She executed a general waiver, does she still need a SPA? Does her name still included in the EJS, that she need to sign? Thank you!
my sister in US is giving her share to me. Can we do it in the Settlement or after the settlement?
A man had a legal wife and 1 legitimate child. However, both the legal wife and the legitimate child waived their rights regarding the man’s land in 2010 — all necessary legal documents regarding the waiver are at hand.
The man had a common wife from whom he had 9 children (illegitimate).
One illegitimate child (with a spouse and 2 children) passed away in 2013.
The man passed away in 2022 and left no Last Will and Testament.
How will the deed of extrajudicial settlement be written?
hello.my father and his younger brother died with contested last will but we won in court as surviving heirs. Yet, we cannot execute extrajudicial settlement with other heirs saying boundaries are not yet final and the title of the estate are in the name of their grandparents yet.How can we proceed to claim our property share? Shall I give SPA to a lawyer to represent me for extrajudicial settlement ? Coz my mother is eager to sell our share already but the other heirs threatened our buyers that they will disturb the buyer that will occupy the property.
Hi how much po Pagawa Deed Of Extra Judicial Settlement of Estate? 2 Titles po? K0
Hello. The properties belonging to the estate must first be determined. If there are issues regarding boundaries, such issues must be resolved before distribution.
can you sell a state of property without extra judicial settlement sign by members of living heirs…6 siblings, if one will not sign , can they still sell the properties?
Hello Onassis. In general, uncooperative heirs can be obliged to attend to the partition through court intervention. Please check your email and hopefully, we can assist you. Thank you.
We are going to give my sister in the Phil’s a special
Power of atty to handle all aspects of selling property . The SPOA will be signed by all heirs authorising her to signed the extra judicial settlement. Is that acceptable ?
Good morning re: Preparing Extra judicial Settlement ,we are 7 siblings but 1 deceased with 4 heirs( 3nieces and 1nephew)..Do their names still included in EJS and still need to sign?
We have submitted all requiremnts in BIR and waiting for the release of CAR, when are we going to publish as part of the requirement?
Kindly advise tru tscorral@yahoo.com in case one of the married owner dies left the husband but doc land title still bear the name of the deceased spouse . How can this be changed .thank u so much
Hi Maria Theresa,
We’ve sent you an e-mail for your inquiries, kindly check.
Thank you.
I am planning to buy a parcel of land in the Philippines but the title is still under the name of the deceased husband/father. Would the extra judicial settlement plus payment of estate tax and tax declaration be enough for the title to be transferred in my name after full payment of the selling price or is it necessary for the title to be transferred first to the rightful heir/heirs?
Same question as this. My wife already passed away and her name is on the TCT of our house. How to go about transferring the property either to me or to my children already.
Hello Dayton, we need more information from you so we can properly address your inquiry. Please check your email. Thank you.
We four siblings got our inheritance from our parents as declared in our Tax Dec. We agreed & signed our Notarized Letter of Consent to our Sister to represent the three of Us siblings in applying for a Patent Title. Her name is the only one appearing in the Patent Title & our names (3)were not indicated as Co-owners. She passed away 2016. Her hubby died before her and they don’t have any child. The three of Us are still living..but another living sister claims & want to be have a share of the inheritance. How will the Deed of ExtraJudicial be carried out legally? Thanks for your advice.
Hello. All heirs must first agree on the distribution before a Deed of Extrajudicial Settlement of Estate can be prepared. Consult with a legal professional for a full discussion on the applicable laws of succession.
I am the only child . My parents have property in the Philippines but lost the title. I only have a xerox copy. My Mom just died last month and my dad died 2011. Their names are both in the title. What can I do to transfer this lost title to my name.
Good morning re: Preparing Extra judicial Settlement ,we are 7 siblings but 1 deceased with 4 heirs( 3nieces and 1nephew)..Do their names still included in EJS and still need to sign?
Hello. My mother recently died June 14th in San Antonio Zambales and I’m in the US. She has no living spouse any I am her only child. One of her sisters (my aunt) is also here in the states and claims my mother has her in the will as heir because my mother adopted her as a teenager when their mom died. She will not share any info regarding an executor, trustee, lawyer, etc. As the only child, how do I find out who to speak with?
Hi! I would like to ask po what to do when the sibling who is entrusted with the claims (cash) refuses to give the portion thereof to all the other siblings? They’re done with extrajudicial settlement po. Thank you!
Hi Oni,
Thank you for getting in touch with JCA LAW. We’ll send you the details via e-mail.
How much do have a extrajudicial settlement cost? what other documents needed to have the lot to be transferred to the heirs? How long? Do we have to be in the Philippines to have this thing done or we can appoint one person to represent us?
Hello Ollie, we need more information from you. Please check your email.
Hello.
What if the land title names belong to my father and me, but my father was married to a different woman and they had children’s.
If the property will be sold, will the other family that my father had will also have a part on the shares if the property will be sold? Even though the property was originally belonged to my mother and my father when my mother was still alive and they are married.
Hello. Generally, property left by the deceased will be distributed in accordance with the laws of succession. This is a complex topic. Please consult with a legal professional for a full discussion.
When must an Extra-Judicial be completed after one’s death . Is there a time limit that that an Extra-Judicial settlement of an estate be completed with the heirs included .
There is no time limit for the execution of a Deed of Extrajudicial Settlement of Estate but the Estate Tax Return must be filed within one year from the decedent’s death. Otherwise, interests and penalties may be imposed on the outstanding taxes payable. An extrajudicial settlement is just one of many options to settle an estate. Note that at the time of this writing, estate tax amnesty may be availed if the Estate Tax Amnesty Return is filed no later than June 14, 2023. There is currently a pending bill to extend this deadline up to 2025.
Do we need to submit an Extra Judicial settlement by heirs when one parent is still alive on time of filling for the availment of Estate Tax Amnesty program? Or can we pay now the Estate Tax without the Extra Judicial Settlement (EJS) for the deceased parent?
Yes. An extrajudicial settlement is needed to distribute the estate of the deceased parent. This is required even if the other parent is still alive. Also, the estate tax must be settled before the estate can be distributed or land titles transferred to the heirs.
Thank you for your response.
In other words, we can pay “now” the Estate Tax first on my deceased parent to avail the Tax Amnesty Program. Then submit an Extra Judicial Settlement when we (the heirs) ready to distribute the property in the future?
It is recommended that the estate tax be paid within the deadline to avoid interest and penalties. However, an extrajudicial settlement may be required to pay the estate tax, even if the heirs are not yet ready to distribute the property. Please refer to the guidelines on this page by the Bureau of Internal Revenue (BIR) for more information: https://www.bir.gov.ph/index.php/tax-information/estate-tax.html.
Good morning! Is extra judicial settlement-identifying the heirs of a deceased person a requirement in releasing the TCT of a mortgaged property from a bank?
My mother died 3 years ahead of my father. Until now, we still have to execute extra judicial settlement. Can we execute 2 extra judicial settlement in one document? Thank you.
Hi Mena,
Thank you for getting in touch with JCA LAW. We’ll send you the details via e-mail.
Hi, if the extrajudicial was sign without the presence of a lawyer to notarise, can this be challenged. Is the bond a requirement? Thank you.
Hello Edwin. In general, the party signing a document for notary must be in the presence of the notary public (lawyer) at the time of signing.
Hi, our mother passed many years ago and she has a piece of land that we inherited. Can we process the extrajudicial estate settlement here in the states among the heirs. Three are surviving and three are deceased. Can we get an advice how to proce ed. Thanks,
Hi Benjamin. An extrajudicial settlement can be executed outside of the Philippines. Please contact us via email at info@filipinolawyer.ca if you need assistance.
How are we going to start with the filing of Extra Judicial Settlement of Estate if both of our parents are already deceased since 1999 and 2011. We are 3 siblings. Appreciate receiving your assistance on this.
Hello. All heirs must first agree on the distribution before a Deed of Extrajudicial Settlement of Estate can be prepared. You may email us at info@filipinolawyer.ca if you need further assistance.
Out of the 8 heirs, only 4 are surviving and want to sell the property. The 4 deceased heirs have their children occupying portions of the said property and are opposing the sale of the said property. Are the 4 surviving heirs have the legal rights to proceed with the sale?
Hello. Generally, the rights of a deceased are transferred to his/her heirs in accordance with the laws of succession. Children can inherit from their parents. Consult with a legal professional for a full discussion.
Hi,
My dad passed away in 2021, my mum started the process of putting our names (Her, me and my 2 siblings) in the title of the properties. Since my mum is still alive and all properties were conjugal between her and dad, does my mum has the rights to make decisions of all properties even though me and my siblings names are on the title? Does she also need all their children to agree with her? Some properties have incomes, who has the rights to keep the income? Is it my mother or this has to be divided between us 4? One of my sister wants to file an extrajudicial settlement, is this still possible even though my mum has already started the process?
Generally, every co-owner has rights to the property which includes the right to participate in making decisions and receiving income. One of the co-owners can make decisions on behalf of the other co-owners if he or she is authorized (usually via a special power of attorney). An extrajudicial settlement is usually required before the property can be transferred in the name of the heirs.
My dad died in 2000, and our property was not properly transferred to my mom, me, my sister and brother. If I do an Deed of Extra-Judicial Partition, would there be penalties? How much do I pay to employ your services?
Hello, we sent you an email with information. Thank you.
Hi, my grandparents passed away many years ago. The inheritance tax had not been paid. Because the amnesty is coming to a close, can we pay the inheritance tax first before obtaining an EJS signed by many inheritors? Thank you.
Hi! My uncle passed away intestate. I’m starting the process of EJS so that we can rightfully divide and dispose of all his properties. He had a son but he died as well. There are 8 families less 1 who died without any heirs. So we’re preparing the paperwork but one cousin is just obstinate. He stated that he doesn’t want to be involved and he will either (a) waive his rights or (b) waive his rights but he will name someone of his own choosing. To me both an and b are already expressed waivers especially when he doesn’t want to be involved. What’s the best solution?
Hi Ifor,
Our Legal team will be getting in touch with you and will send you an email for details.
Thank you.
Title owners are my dad and spouse and 2 siblings of my father and their spouse. My dad is the only deceased among the title owners. Heirs are just me(only child) and mom(who’s also in the title)
Whose names and signature will be on the ejs? The title owners or me and my mom only?
Hi Belle,
Thank you for your inquiry. We have sent you an e-mail.
Can the heirs extra judicially settle the properties of a decedent even if there’s a will? If so can you provide me the pertinent cases? Or is the rule on Rule 74, sec 1of Rules of Court, is absolute, (that the decedent left no will).
My brother died last July 2022 in Tennessee intestate so the court appointed me sister in another state to be administrative of his estate .I just found out he has investments life insurance in 3 banks in Philippines . All banks are asking me for Extra Judicial settlement s My sister in Philippines suppose to handle all of these but being soo uncooperative with me. Do I need to hire a lawyer for these despite I already have a lawyer in Tennessee . Pls I need advise the soonest because I have a hearing in Tennessee by April 5 for Inventory and Bond hearings. Thank you for your time.
What if there’s still one person alive in the said Title and the others are now deceased. Does she have the power to control over the said property on how she can divide it to her siblings?
Hello Lena. In general, a registered owner has all the rights to the property.
My siblings and I are named in the title of the land that belonged to our parents. My sibling will gift their shares to me. Are they each entitled to the P250K exemption of is the exemption based on the total FMV of the land?
How much is the cost of Notarial Fee for Extra Judicial Settlement? 1 title only located at Binangonan, Rizal (500 sq.m.)
Hello Zina, we need more information from you for us to provide accurate information. Please refer to your email.
does extrajudicial settlement includes all the properties? can it be done partially like on a piece of land first, so that it could be sold?
Hello Doris, EJS covers the entire estate. We hope to assist you better. Kindly check the email we sent you.
Widow sister died with no children, who will be the heir? She has siblings elder brother died on 2004 his wife is still alive, Only 1 sibling is alive.
Kindly respond on my question. This case is in the Philippines
Thank you in advance.
Hello Janett, in general, the surviving heir/s of an unmarried deceased person is the parents and/or siblings, in proper succession. For us to assist you better, please check your email. Thank you.
Do I need to include my spouse in executing an SPA for the extrajudicial settlement of estate? i
I live abroad. I would like to name my mother as my SPA for my deceased fathers extrajudicial estate settlement (her husbands estate)
Hello Millet. In general, spouses sign off for marital consent. We will send you an email so we can further assist you.
Hi Good morning, may i asked if an extrajudicial settlement is needed if the purpose is only to show the right of way in the blue print. but the lot that was being subdivided is already under my name, and i have a clean title on it. It just that the right of way belongs to my grandpa who died 10 years ago and he is the one who sell me the lot. thank you for your reply.
Hello. A right of way and ownership of land can be distinct from each other. The transfer of a right of way needs to be registered at the land registry office. The land registry office may require an extrajudicial settlement among other requirements.
Hi! We have no cash to pay for the legal services. What is the best option!
Hello, the title for the property in the Philippines was under my father’s and mother’s names. My dad passed away in 1995 and the title was not transferred to my mother. What options do we have in relation to the estate tax amnesty?
Hi, just want to ask if the uncollected money from debtors of a deceased person be included as well in EJS so that the heirs can somehow still collect it?
Hello. Rights and claims may be transferred. This includes the right to collect debts from another person.
hello, are there any instances that the extrajudicial settlement will be void?
For example, one of the heirs did not sign in the extrajudicial because he already sold his part.
Second, one of the heir was abroad during the signing so one of our relative sign in the extrajudicial as her representative, is this valid cause the one in abroad claims that she is not part of the extrajudicial and now claiming part of the land that has been partitioned 20 years ago.
Hello. Like any other contract, deed, or instrument, there are instances when an extrajudicial settlement is void. An example is if a signature was falsified. If one of the heirs did not sign, the extrajudicial settlement can remain valid for those who signed. If someone signed on another’s behalf, such a person must be duly authorized. Authority can be granted by an instrument such as a special power of attorney.
My father is one of the legal heirs of my grandfather’s estate, but he is already dead, so is my mother who will represent him in the extrajudicial settlement of my grandfathers .
estate. My two other uncles are also dead but their spouse are still alive, can their spouses represent my uncles in the extrajudicial settlement.
Hello Victor,
Thanks for reaching out. We’ve sent out an email but it bounced. Can you send us your inquiries at notary@jcalaw.ca
Thanks,
JCA LAW Legal team
The decedent, a single guy, co-owns a parcel of land together with his siblings. What is the order of the heirs of an estate this case? Mother is decedent is still alive.
Hello good afternoon, I have a question. What if 2/5 of the siblings are against the extrajudicial settlement will they still need to pay for the estate tax? And will the 3 siblings that wants to have extrajudicial settlement be able to sell the properties even if the 2 other siblings did not favor it?
Another question if this extrajudicial settlement does not materialize do they still need to pay estate tax as soon as possible?
The estate tax is payable regardless of whether the heirs agree to an extrajudicial settlement or not. The estate properties cannot be sold or distributed to the heirs unless the taxes have been settled. Interests and penalties may accrue on outstanding taxes payable.
Good day. Please help me to fully understand our legal rights since we’d signed a legal document. My mother died last 2017 and my oldest brother also died last 2021. Before my oldest brother died we already had a deed of extrajudicial settlement of estate and got new land titles for those properties after my mother passed away. The said properties are conjugal property of my parents. Now, only my father, my daughter and my eldest brother’s family are left alive. Do we have the right as daughter and daughter-in-law to the property left behind by my mother and brother apart from our father who is still alive? Can we be involved in deciding in the said properties apart from our father? Are we one of the legal owners too of the properties? Because my father always tell us that the properties only belongs to him and we still have no rights because he is still alive. I just want to clarify our rights as one of the signatories and legal heirs to the deed of extrajudicial settlement of estate. Thank you very much in advance, for your attention and advice to my questions. God bless you.
Children inherit from their parents. Conjugal properties need to be divided between the surviving spouse and the heirs of the deceased. In an intestate succession (the deceased did not have a will) the heirs are usually the nearest of kin which includes the surviving spouse and children of the deceased. If you are an heir, then you have rights to the property and you may participate in the decision-making. It is recommended that you consult with a lawyer before signing a deed of extrajudicial settlement.
We would like to settle the estate tax of an inherited property from our deceased mother. My siblings live in the US so we did an SPA. Our brother refuses to cooperate and sign the SPA. He is holding us hostage, what can we do?
The last recourse is to bring the matter to court and seek a remedy to compel the uncooperative sibling.
Hi. My father passed away last year and is survived by my mother & my other siblings. I have 5 other siblings, 3 of whom are abroad. All of us have verbally agreed that we will dispose of a property (a house and lot) by selling the same at the soonest possible time. Since 3 of my siblings are abroad and may be unable to take a leave to go home, is it valid if each of us (including our mother) will execute a document (and have it notarized) stating therein among others that each of us gives our consent to have the said property sold and the net proceeds of the sale will be distributed according to law?
Hello. All of the heirs including the 3 sibling abroad needs to sign unless they have executed a Special Power of Attorney authorizing someone else to sign on their behalf.
Hi,
My father died and left a lot with a title having both of my parent name in it. My mom wants to give off her part of the property to us brothers. Is an extra-judicial with a waiver of rights enough or a deed of donation is still needed?
Thank you.
Hi!
Does minor heirs can still claimed the rights when he reach a legal age? However, the Extrajudicial estate of settlement with waiver of rights has already signed by the guardian in behalf of the minor heirs.
Thank you
The minor heirs can later question the act of the guardian upon reaching legal age. The role of a guardian is to act in the best interest of the minor heir. If the guardian did not act in the best interest of the minor heir, he/she can seek remedies from the court. Talk to your legal counsel for a full discussion.
What happens if one of the heirs, more specifically, the spouse/mother indicated in the Extrajudicial Settlement for the heirs of our father, passes away? Do you need to apply for a new Extrajudicial Settlement?
The spouse/mother will be replaced by her own heirs which may be the same heirs of the father. A new extrajudicial settlement is needed for the mother. An extrajudicial settlement is essentially for one deceased person.
Hello,
If there are 4 properties included in the agreed and settled EJS , can the heirs pay the BIR the Estate tax for the 2 properties first and pay the Estate tax for the other 2 properties later ? Can they do the same thing with the Registry of Deeds and apply first for new titles on 2 properties even if the EJS includes 4 properties? Thank you in advance for your comment.
Good day!
My dad left my sister and I a 3,000 sqm lot. Now this lot that we inherited was a portion of over 2.1 hectare land which were equally divided to my dad and his siblings. The land has been already partitioned legally but we have not transferred the title under our names yet.
My sister and I mutually decided to sell it. Please note that my sister was named in the partition document as heiress considering she was of age and I was barely 18 then.
My question is, can I sell the land even when if it was under my sister’s name in the partition document? Am I also considered one of the Heirs?
Do I need my sister’s SPA to further establish that selling the land was a mutual decision?
Thank you!
All children of the deceased are considered heirs whether they are of age or not. The property may be sold or disposed of in any way for as long as all the heirs agree. An SPA is used to authorize someone to do something on your behalf. It is not used to establish anything such as that a mutual decision was made.
Good day. Id like to ask on behalf of a friend.
Father died first and an extrajudicial settlement was drawn (now I’m not sure of the status of the EJS).. properties have been subdivided equally among heirs. Recently the mother died, who left a will (just not sure of the status of the will is enforceable or not). The will do the mother excluded 1 of the 4 children.
I would like to ask if:
1. EJS of the deceased father can still be enforced, if-
a) filed and
b) what if they were not able to comply with the requirements)
2. Will of the deceased mother if
a) what are the requirements to be enforceable
b) if is able to comply the requirements, how will it affect EJS and vice versa
c) if not enforceable how will it affect EjS and vice versa
Thank you so much!
Hello.. our Family’s property was about to be forfeited, and my father and brother agreed that I will pay for the property to avoid forfeiture. My mother and 2 other siblings were not financially able at that time so everybody agreed to the setup (verbally). I trusted them with that kind of agreement, I paid the whole loaned amount for 12 long years, and now that It’s paid in full, I processed it to be transferred to my name, here comes the problem. 3 of my siblings want me to pay for their signature to waive their rights. 50 thousand each. Which I think is too much. the lot’s assessed market value is 450k only, I paid 585k with interest and more or less 150k for renovations and repairs with the hope that it will be mine after paying in full. If I will pay them 50k each, It will be more than the amount of the property in the market. That is unfair in my part. Do I have the right to refuse? if they don’t agree to sign can I bring it up to the court?
I am willing to pay but with the right amount. I should have bought a new property to my name if only they did not lure me into this agreement.
My father passed away in 2009 and estate was wind up. CAR have been issued to us. In 2019 my mother passed away. How do we wind up the estate and from the time the CAR was issued, property were not transferred to all the heirs. We want to sort out this issue and avail the new amnesty bill that was recently passed. Please advise.
Why was the property not transferred if a CAR has already been issued?
Hello, my mother received an EJS form for her signature. The EJS lists only 4 out of 8 properties. There is no mention of what happened to the other properties her parents left behind. Apparently one of the heirs took possession of the missing 4 properties and now holds the land bonds. Can you please suggest what should be our next step??