legal Free Legal Advice

[rickyv]

mag sir pag sinabi na " assigned to be the guardian in the disposition of assets" ano ang ibig sabihin? thanks

[blackwolf]

mag sir pag sinabi na " assigned to be the guardian in the disposition of assets" ano ang ibig sabihin? thanks

 

 

is the last will and testament of your father a handwritten document? kc in that case what is required is that it should be entirely written and dated by our father. no need for any notaral act. But if the last will and testament si formal like for example there are at least 3 credible witnesses attesting it , then you need to have it acknowledged before a notary public. You need to have the originals and not only a copy unless nawawala na yung mga originals or they are destroyed. As to your guardian, minsan kasi depende sa context kung saan ginagamit yung terms. kaninong property ang involved, sino and naassign anong klaseng property so that the proper parlance may be used

[rocco69]

Depende kung saan ginawa yung last will and testament kung valid ba ang un-notarized will kasi Article 17 of the Civil Code says

 

Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

 

Matter of form ang pagnonotaryo, kaya kung valid sa lugar kung saan ginawa yung will ang isang di ninotaryo na will, valid siya.

 

Since

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

is the last will and testament of your father a handwritten document? kc in that case what is required is that it should be entirely written and dated by our father. no need for any notaral act. But if the last will and testament si formal like for example there are at least 3 credible witnesses attesting it , then you need to have it acknowledged before a notary public. You need to have the originals and not only a copy unless nawawala na yung mga originals or they are destroyed. As to your guardian, minsan kasi depende sa context kung saan ginagamit yung terms. kaninong property ang involved, sino and naassign anong klaseng property so that the proper parlance may be used

 

 

 

wala pong witnesses eh. hindi naman siya hand written, printed sa computer and signed by my late father.

as for the context, eto po ang nakalagay:

The rest of assets, mentioned above will be divided equally among my five children. I am assigning my daughter, _________ as guardianship in the disposition of assets.

 

signed

******* nothing follows **********

 

so as the guardian of the disposition of assets, may karapatan ba ang sister ko na humingi pa sa akin ng kung ano ano like feasibility or business plan and can she just open a trust fund for my kids so that she don't have to give it to me?

actually binigyan ko na nga siya ng business plan eh kaso ni reject niya at ioopen na nga lang raw ng trust fund para sa mga anak ko yung pera.

[blackwolf]

wala pong witnesses eh. hindi naman siya hand written, printed sa computer and signed by my late father.

as for the context, eto po ang nakalagay:

The rest of assets, mentioned above will be divided equally among my five children. I am assigning my daughter, _________ as guardianship in the disposition of assets.

 

signed

******* nothing follows **********

 

so as the guardian of the disposition of assets, may karapatan ba ang sister ko na humingi pa sa akin ng kung ano ano like feasibility or business plan and can she just open a trust fund for my kids so that she don't have to give it to me?

actually binigyan ko na nga siya ng business plan eh kaso ni reject niya at ioopen na nga lang raw ng trust fund para sa mga anak ko yung pera.

 

Since your father is also a Filipino citizen, Philippine laws are applicable. It seems that what you said is a notarial will and under our law, unless there are witnesses, an attestation caluse or acknowledgement before a notary public, which is a formal requisite, the will is void. If your will is void, then intestate succession rules will apply. the term guardian used here is that your sister will be the administrator of the estate of the your father. however, please know that an assignment of an administrator is only valid if there is a valid will. In this case, your will is void so your sister cannot be considered as the admiinistrator. There are five of you right? assuming your father has no debts and you and your siblings are the survivors, the whole amount should be divided equally. I just dont see the point kung bakit kailangan pa ng business plan at trust fund.

[banglord69]

sPOLARIum mas magandang nung nirevive ng Imago!!!! :goatee:

[rocco69]

With all due respect, there seems no basis to consider rickyV's father to still be a Filipino citizen. Assuming that he was a Filipino at birth, his naturalization as an American would have divested him of Filipino citizenship. Unless he applied for dual citizenship under RA9225, he should be considered an American decedent, governed by the law of his State.

 

Thus, the validity of his will should be governed by his State law. If his State law follows lex loci celebrationis (the law of the place where the will was made), and if the will was made in the Philippines, its invalid. If it was made somewhere else, look at that place's law. Ultimately, this question will be decided by the decedent's State law.

 

However, blackwolf is correct in saying that there is no point in requiring a business plan or trust fund. Firstly, the assets are to be divided equally between the five children. As owner of your 1/5th share, your sister has no say in what you do with it. Secondly, this 1/5th is being given to you, NOT YOUR CHILDREN, hence it should not be placed in a trust fund for your children.

 

But in the final analysis, to compel your sister to do what is right, you still have to go to the US to enforce your rights, kaya ang hirap pa rin. I suggest that you reason with your sister to convince her to give you your share, otherwise wala kang magagawa kundi magkaso.

 

Since your father is also a Filipino citizen, Philippine laws are applicable. It seems that what you said is a notarial will and under our law, unless there are witnesses, an attestation caluse or acknowledgement before a notary public, which is a formal requisite, the will is void. If your will is void, then intestate succession rules will apply. the term guardian used here is that your sister will be the administrator of the estate of the your father. however, please know that an assignment of an administrator is only valid if there is a valid will. In this case, your will is void so your sister cannot be considered as the admiinistrator. There are five of you right? assuming your father has no debts and you and your siblings are the survivors, the whole amount should be divided equally. I just dont see the point kung bakit kailangan pa ng business plan at trust fund.

[rocco69]

Note that if the error in the surname is a typographical error (an obvious mistake like misspelling, like the surname that appears is "Santoz", when your real surname is "Santos"), sa Civil Registrar ka lang magfa-file at P1000++ lang ang bayad at mga 2-3 mos. lang dapat ang procesing nyan. Kung di siya typographical error, sa korte talaga yun (like the surname that appears is "Santos" when your real surname is Dela Cruz") and you have to hire a lawyer.

 

Depende kasi kung saan mo gagamitin yung birth certificate mo. Kung tatanggapin naman ang Affidavit of Discrepancy in Birth Certificate (kung saan sinasabi mo na that name and this name referes to one and the same person) do ganun na lang. Kaya lang kasi, may mga paggagamitan na kailangan talaga yung birth certificate ang susundin, kaya you really have to change the birth certificate. Nasa yo na yun.

 

right now ang mali na lang is yung sa surname ko....which is i think hindi din naman ganun kalaki yung problema... nangapa lang ako kasi i dont even hav an idea on how to fix it ng mabilis.... i was thinking of going to nso nga to ask e kaso may nagsabi naman na ipanotary ko na lang.... in anyways pwede ko nman siguro gawin kaso ang gusto ko lang yung mas madali.... thanks for the advice din po.... really appreciated it....

[rickyv]

yun na nga sir eh, kailangan pa ako pumunta ng us para lang magkaso sa kapatid ko, eh ang hirap pa naman kumuha ng visa.

There is no reasoning with my sister maybe because she might have self interest in the money. sakit sa ulo.

[jake_roxas]

hi guys. sorry for the short hibernation. i was busy with work. and still is. i hope everything doing well with you all.

[spishoxxx]

kakasawa na... yung mymp lahat ata ng kanta nila revival tapos patweetums pa....

kaya siguro hindi naapreciate ni ely buendia yung ultraelectromagnetic jam na tribute sa kanila

kasi ang panget ng pagkakanta nung ibang kanta...

[skipp3r]

Help - RE: Land Title

 

may question lang ako mga sirs. Pwede ba ipabago yung nakasulat sa land title na civil status?

Ex. juan dela cruz, married to xxx - gagawing juan dela cruz, single :boo:

 

complicated ba yun?

[rocco69]

Kailangan mong magsampa ng petisyun sa korte para ipabago yan. Kasi sabi ng Sec. 108 ng PD1529

 

Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. [now Regional Trial Court]... A registered owner or other person having an interest in registered property... may apply by petition to the court upon the ground... that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected...

 

Aarkila ka ng abugado at gastusan din to.

 

Help - RE: Land Title

 

may question lang ako mga sirs. Pwede ba ipabago yung nakasulat sa land title na civil status?

Ex. juan dela cruz, married to xxx - gagawing juan dela cruz, single :boo:

 

complicated ba yun?

[skipp3r]

Kailangan mong magsampa ng petisyun sa korte para ipabago yan. Kasi sabi ng Sec. 108 ng PD1529

 

Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. [now Regional Trial Court]... A registered owner or other person having an interest in registered property... may apply by petition to the court upon the ground... that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected...

 

Aarkila ka ng abugado at gastusan din to.

 

 

Magkano po kaya ang gagastusin? saka gano katagal ang process?

[b_9904]

Guys,

 

Look at the attachment po.

 

sa tingin nyo po ba reversed na yung ruling ng santiago v. comelec?

 

pwede na ba tayong mag-propose ng initiative? may enabling law na ba tayo?

 

thank you and God bless us all.

Raul_Lambino_V._Comelec__Appeal_.pdf