Selling a car under the name of your already dead spouse

**mikejohnny** · April 5th, 2016 02:02 PM

hi, gusto ko sana mag-inquire sa mga me experience na regarding this scenario:

I have a car registered under my name, it's not encumbered and it doesn't have any car insurance at all except the regular LTO TPL. I have all the complete and legal papers on hand.

Now the thing is... what if I die today, and months or years later my wife/children decided to sell the car, ano yung mga requirement na kelangan nila gawin para maging legal ang pagbenta nila at hindi magka-problema yung buyer? need pa ba ng abogado pag ganun? or better yet mag execute na ako ng Deed of sale with my signature, with blank date, blank amount, and blank name ng seller para fill-up na lang nila just in case decided na sila ibenta?

**_Cathy_** · April 5th, 2016 02:34 PM

This is so morbid...

I would suppose open deed of sale for the least amount of hassle.

Back date the sale from before your "death" if the buyer is very particular with details.

**airolynx** · April 5th, 2016 02:45 PM

I see a few ways going around this one.

1.) Open deed of sale with blank everything except your signature.
2.) Closed deed of sale addressed to your wife or beneficiary (effectively transferring the ownership of the car to whoever might facilitate the sale in the event of your "death")
3.) Execute a special power of attorney empowering the person who will do the sale.

**Mentis** · April 5th, 2016 02:52 PM

Hindi ba automatic na malilipat ang ownership at karapatan sa wife upon death or attached the DC on deed of sale.
Now, I need JM legal advise on this 😄

sent from Nokia 3210i

**_Cathy_** · April 5th, 2016 02:56 PM

Originally Posted by Mentis

Hindi ba automatic na malilipat ang ownership at karapatan sa wife upon death or attached the DC on deed of sale.
Now, I need JM legal advise on this 😄

sent from Nokia 3210i

AFAIK vehicles are included in the estate.

**ecm14m** · April 5th, 2016 03:41 PM

Under family code of the Philippines, Title IV Chapter 4 section 3, Its a conjugal partnership property. Article 116 All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. Sa tingin ko walang magiging problema.

**_Cathy_** · April 5th, 2016 04:12 PM

It becomes part of the estate pa rin. Hindi naman pag namatay automatic transferred na lahat sa spouse. There is still a legal process.

This is from my experience in our family and from working in a bank. Nakakaawa mga spouse sa dami ng requirements.

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**ecm14m** · April 5th, 2016 04:35 PM

Originally Posted by _Cathy_

It becomes part of the estate pa rin. Hindi naman pag namatay automatic transferred na lahat sa spouse. There is still a legal process.

This is from my experience in our family and from working in a bank. Nakakaawa mga spouse sa dami ng requirements.

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Yes I agree. Meron pa rin mga legal na proseso. Hindi naman automtic yon.

**papi smith** · April 5th, 2016 04:47 PM

Originally Posted by _Cathy_

It becomes part of the estate pa rin. Hindi naman pag namatay automatic transferred na lahat sa spouse. There is still a legal process.

This is from my experience in our family and from working in a bank. Nakakaawa mga spouse sa dami ng requirements.

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Interested ako dito, pwede mo ba ikwento Cathy kung bakit? Kasi kung titignan mo ang BIR rule on estate tax parang di naman ganun kahirap. Maybe in a new thread para di mag OT dito and others can weigh in.