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  1. Join Date
    Oct 2010
    Posts
    248
    #31
    Just do what is required by Law

    Whatever "magic" the new atty suggests, stay away from it. Stay away from that atty really.

    Have anything done not above board and the other side will raise issues ESPECIALLY if the payoff is high enough.
    even if they were not successful do you want them to make noise that your family is "manloloko"? and they'd be "right"
    and really, the people who would be dealing with this potential problem is the people in the documents, not your Lola. Does she really want to inflict these headache upon you?

    So do it right, have legal documents, make copies. and just let this be a lesson to you and your family to do proper estate planning. This old way of sayo to, sayo to, but not really... is stupid and may isa lang na mag-angal bagsak lahat.

    and yes, my family is in an ongoing case with similar problems. so all I have to say is wag niyo ng paabutin hangang dito. Its a very very experience
    ang yumaman lang mga attys. (no offense )

    and also my family has been hit with that "magic" extrajudicial before, us children were really very young and our mother was distraught and too trusting. Ayun poof, lahat sa province nawala na lang. Walang habol.. it was the time when gov't records were... not really that realiable.
    Whoever you do it to, whether they "deserved" it or not, its simply not right.

    You cannot pick your family, some will be obvious bad seeds, some would initially even be nice but when the head of the family moves on.. suddenly their true face appears. What they say or do to you, you cannot really control. But I think when people say "oh si ganyan ganyan so horrible so bad etc.. so what did you do?" I would like to be in a position to say I did the right/legal thing.

  2. Join Date
    Aug 2003
    Posts
    9,720
    #32
    ( All due respect to your lola, she's alive and kicking pa after all ^_^ )

    i tend to oversimplify things, but here goes: your lola's money, your lola's rules. As sir dragon05 mentioned, after the inheritance has been divvied up, it's your money na, hence, your rules. Do it(share the inheritance with your cousins) for peace of mind if you want, but imho you're not obligated in any way to do so.
    Last edited by badkuk; June 20th, 2017 at 07:42 AM.

  3. Join Date
    Aug 2003
    Posts
    9,720
    #33
    Quote Originally Posted by iceblueyes View Post
    lar problems. so all I have to say is wag niyo ng paabutin hangang dito. Its a very very experience
    ang yumaman lang mga attys. (no offense )

    With all due respect to the distinguished attorneys in the forum, for unscrupulous lawyers, the longer the case drags on, the better.

  4. Join Date
    Sep 2003
    Posts
    22,051
    #34
    Did the transfer of your late brother's estate consumed? Did widow pay the taxes?

    Sent from my SM-N9005 using Tapatalk

  5. Join Date
    Jul 2015
    Posts
    9,580
    #35
    i personally been through the same situation when my father died, we were still grieving when the BIR sent us a letter, it took us a year or so transfer everything, good thing we had a good tax lawyer....my take is if lola is still alive better fix everything, ang hirap mag ayos ng papers when grieving..

    Sent from my SM-G955F using Tsikot Forums mobile app

  6. Join Date
    Apr 2014
    Posts
    467
    #36
    Quote Originally Posted by iceblueyes View Post
    Just do what is required by Law

    Whatever "magic" the new atty suggests, stay away from it. Stay away from that atty really.

    Have anything done not above board and the other side will raise issues ESPECIALLY if the payoff is high enough.
    even if they were not successful do you want them to make noise that your family is "manloloko"? and they'd be "right"
    and really, the people who would be dealing with this potential problem is the people in the documents, not your Lola. Does she really want to inflict these headache upon you?

    So do it right, have legal documents, make copies. and just let this be a lesson to you and your family to do proper estate planning. This old way of sayo to, sayo to, but not really... is stupid and may isa lang na mag-angal bagsak lahat.

    and yes, my family is in an ongoing case with similar problems. so all I have to say is wag niyo ng paabutin hangang dito. Its a very very experience
    ang yumaman lang mga attys. (no offense )

    and also my family has been hit with that "magic" extrajudicial before, us children were really very young and our mother was distraught and too trusting. Ayun poof, lahat sa province nawala na lang. Walang habol.. it was the time when gov't records were... not really that realiable.
    Whoever you do it to, whether they "deserved" it or not, its simply not right.

    You cannot pick your family, some will be obvious bad seeds, some would initially even be nice but when the head of the family moves on.. suddenly their true face appears. What they say or do to you, you cannot really control. But I think when people say "oh si ganyan ganyan so horrible so bad etc.. so what did you do?" I would like to be in a position to say I did the right/legal thing.
    The Civil Code provisions on intestate succession should be removed to force people to execute a will.

    Also the estate tax should be abolished or the tax brackets be adjusted according to the place where the property is located. A 1000sqm property in Makati will be valued a whole lot more than a 1000sqm in Jolo.

    It also puts undue burden on the heirs on top of the loss of a loved one. Transfer and registration fees are already expensive.

    Sent from my MI 5 using Tapatalk

  7. Join Date
    Sep 2003
    Posts
    22,051
    #37
    I think naayos na yung transfer, pero na included yung 2 relatives na di gusto ni Lola. THe Lola should have raised that before she signed the dotted line. Ngayon the Lola wants to make miraglo but needs Cathy's consent.


    Quote Originally Posted by MR_BIG18 View Post
    i personally been through the same situation when my father died, we were still grieving when the BIR sent us a letter, it took us a year or so transfer everything, good thing we had a good tax lawyer....my take is if lola is still alive better fix everything, ang hirap mag ayos ng papers when grieving..

    Sent from my SM-G955F using Tsikot Forums mobile app

  8. Join Date
    Sep 2003
    Posts
    22,051
    #38
    Mas maganda to put properties in a holding company than in individual names. Less taxes...

  9. Join Date
    Aug 2015
    Posts
    862
    #39
    Not a lawyer, pls correct if unlawful.

    It seems to me buo na loob ng lola mo, and for the most part ikaw rin. Meron lang voice ung kuya mo and its making you think twice, maybe feel guilty.

    You can give them a certain amount from the proceeds, and along with it, a document they will sign that wala na silang hihingin pa sayo ever again, that they will no longer have any claim whatsoever. No signature, means walang parte.

    If they don't accept and don't sign, that's a scenario that you will have to discuss with your lawyer, should they decide to fight it in court.

    It gives you:

    1. Some sort of peace of mind (if that's worth anything to you) bec everyone got something, at least.
    2. Hopefully if they sign, assurance they will never bother you again (you risk any reconciliation with the anak)

    Of course you should:

    have to determine the amount, and wiggle room for them to haggle in exchange for the signature. I don't think any of you in the family have to be present with them when your lawyers present this to the other party, so that should spare you of any emotional swings or response.

    Good luck!
    Last edited by unmarked; June 20th, 2017 at 11:55 AM. Reason: words

  10. Join Date
    Aug 2015
    Posts
    862
    #40
    and yes, its very expensive to deal with these things. I know someone's family fought over a piece of land, and in the end both parties "forgave" each other and equal hatian nalang. Nakinabang lang yung dalawang attorney.

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Should Inheritance Always Be Equal or Fair?