legal Free Legal Advice

[west]

This is more complicated than the one in the real estate portion. This time 2 estate tax returns have to be filed since both parents passed away. After the first one passed away, the property was inherited by the heirs which includes the surviving spouse. The estate tax obligation on the death of the first parent has to be settled including penalties. As said in the other legal site, an extrajudicial settlement of a deceased person is necessary. All of the decedent's assets have to be included in the estate tax return. The same procedure has to be done for the parent who subsequently passed away. After getting the Certificate Authorizing Registration, you will have to go through the Register of Deeds where you have to comply with all the requirements. Then the title issued will reflect the ownership share of each heir. If they desire to partition the property they can execute an extrajucidial partition of real estate. They will then need to have the property surveyed so that it can be subdivided, which is necessary for them to acquire their own transfer certificate of titles to their own lots.

If he is the only offspring then there will be no need for the extrajudicial partition as he would be the sole owner of the property. He can then just sell it to you after the title is transferred to his name.

 

Pre

 

Thank you sa reply. I also need to know average cost of such service before I talk business. At least I have an idea of how much I need to spend and how long will it takebefore the title isi transferred to me. Nabasa ko kasi dadaan pa daw ng court or kailangan ifile sa court yung mga documents.

 

Salamat.

[moed]

As always stated in this forum everytime the cost of services comes up, it would depend on the lawyer or other person willing to provide the services. There is no set fee. Regarding the time, it would depend on how fast you can file the returns with the BIR. The returns should include all the assets of the deceased so if he had a lot of properties the payment of the estate tax may be a problem as it could substantial. And remember, he has to pay for 2 extate tax returns.

Regarding whether it goes to court, the only time this process will go to court is if the heirs cannot agree on how to partition the property, then the partition will be judicial and not extrajudicial.

[azayco]

To add to the posts above, the following fees will be incurred:

 

1. Settlement of the estates

 

Estate tax for the 2 generational transfers - rates from 0-20% depending on estate value

Penalties payable to the BIR for late filing - 25% of basic tax + 20% from the time estate tax became due (ouch )

 

Fees with the Registry of Deeds (approx. 0.5% of the fair market value of the asset)

 

2. Sale from your friend to you :thumbsupsmiley:

 

Capital gains - 6% of fair market value

DST - 0.5% of fair value

Local transfer tax - 0.5% to 0.75% depending on the LGU where the land is located

 

Fees with the registry of deeds - 0.5% of fair market value

 

 

and of course...

 

Legal fees for preparing the documents for the settlement of the estate and for the sale of the land :evil: :boo: :ph34r: :zorro:

[masi]

You also have to publish the Notice of Extra Judicial Settlement for 3 consecutive weeks in a newspaper of national circulation. Upon completion of this requirement, the publisher will issue a certification of pulblication.

 

Cost of publication depends on which newspaper you will use.

 

A lawyer may do this work for you including all the necessary documentation for the transfer.

[ela_bat]

DST 1.5% in Deed of Sale not .5%

[azayco]

^^

 

Sorry, I stand corrected. It's 1.5% of fair market value DST for sale of land.

[yolak69]

I need help badly, my wife filed a case against me, badtrip ako na niloko ako pa may kaso...

 

Tibay ng law na to, come to think of it, unfair na talaga sa mga lalake ngayon ang batas, na aabuso na tong batas na to, pati mga kabit pwde mag file ng case sa lalake, importante lang kasi maestablish mo na may relationship kayo. Tibay!!![/size]

Edited August 8, 2008 by yolak69

[lomex32]

My friend

 

1. Get a lawyer ... a good one.....

 

2. ..... RA 9262 is a super pain in the ass

This will ROB you of your happiness, money and put s@%t on your head ....

 

3. Abuse is defined in 8 sections of this RA

Physical, Emotional, Financial etc...

 

Can you give a background of why your wife file this?

[yolak69]

My friend

 

1. Get a lawyer ... a good one.....

 

2. ..... RA 9262 is a super pain in the ass

This will ROB you of your happiness, money and put s@%t on your head ....

 

3. Abuse is defined in 8 sections of this RA

Physical, Emotional, Financial etc...

 

Can you give a background of why your wife file this?

 

 

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

[mlpf]

What were they doing when you caught them? Adultery can be proven by circumstantial evidence. It is difficult, but it can be done. You have to file an adultery case to bolster your defense. While you are at it, ask your lawyer to challenge the constitutionality of RA 9262 for being violative of the equal protection clause. It is high time that someone challenges the validity of that unfair law.

[yolak69]

What were they doing when you caught them? Adultery can be proven by circumstantial evidence. It is difficult, but it can be done. You have to file an adultery case to bolster your defense. While you are at it, ask your lawyer to challenge the constitutionality of RA 9262 for being violative of the equal protection clause. It is high time that someone challenges the validity of that unfair law.

 

 

mga 2mins ko pa bago nabuksan pinto, sa sobrang sipa ko na hanggang magiba, so wala na tlga ko nakita. i don't have lawyer yet, la pa ko pera, umasa ako sa PAO nung nag file ako ng counter-affidavit, ayun super weak ung defense ko. Pero ok lang, kasalanan ko din naman, akala ko kasi iaatras ng asawa ko, sabay pa nga kami mag-attend ng hearing sa fiscal eh, tapos biglang one day sabi nya itutuloy nya..ang gulo!!!!

 

salamat!!!

[Arneeious]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

[rocco69]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

 

Tutoong may karapatan ang bawat mamamayan sa privacy of communication at correspondence. Kailangan may court order para buksan ang mga liham na ating pinapadala o tinatanggap para makita kung ano ang mga nilalaman nito. Kaya lang, ayun sa People v. Marti [193 SCRA 57] (kung saan binuksan ng freight forwarder ang package ng walang pahintulot at kaalaman ng nagpadala, at marijuana at hasish pala ang laman), ang karapatan na ito ay hindi pumipigil sa pulis o mga otoridad para gamitin ito bilang ebidensya, kung ang nagbukas naman ay hindi pulis.

 

Higit pa rito, sinabi rin sa kasong ito na ang pag-iinspeksyon ng may-ari ng forwarding company (o sa kaso mo, ng empleyado ng LBC) ng mga package na pinapadala ay "reasonable and standard operating procedure on the part of [the forwarding company] as a precautionary measure before delivery of packages to the Bureau of Customs or the Bureau of Posts." Lumalabas na pwede talaga nilang tingnan kung ano yung pinapadala mo. Pero ito naman ay limitado lamang sa pagtingin kung ano ang pinapadala mo, ibang usapan na kung pati kung ano ang isinulat mo sa liham ay gusto pa rin nilang makita.

 

Isa pa, ang right to privacy of communication and correspondence ay maaaring i-waive. Kung papayag ka na pabuksan ang liham, walang paglabag sa karapatan mo, pumayag ka eh. Hindi ka naman pinipilit ng LBC na magpadala sa kanila. Kung ayaw mo sa kanilang patakaran na titingnan nila muna ang pinapadala mo, pwede kang humanap ng ibang courier service o forwarder na magdadala ng sulat mo.

[Guest pukemoon]

^^

 

Are you referring to the right of privacy of communication and correspondence under the Constitution?

[legalavatar]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

 

Dude that's perfectly legal in my opinion. The Bill of Rights applies, to a large extent, only against the government. It does not apply to private courier companies.

 

The solution to your problem is quite simple. Find another courier company which will not open your mail matter before sending.

 

It's really no different than subjecting yourself to a security check before entering a mall. If you refuse, then by all means go find another mall to visit.

 

So if you allow the courier company to open your mail as a prerequisite to availing of their courier service, then you have in effect waived your right to privacy of communication. If you refuse and decide not to use their services, but they still pursue opening your envelope, only then will they be liable for a violation of your rights.

 

Hope this was enlightening.