Comments on: Basic concepts in estate proceedings and estate tax

By: fab

fab — Tue, 17 Jun 2008 15:00:29 +0000

how about if the liability of the deceased is a credit card obligation? how does this get settled? does the card companies still have the rights to collect for it?

thank you.

By: Nathan

Nathan — Fri, 23 May 2008 00:56:34 +0000

My brother, a US citizen, lived in the Philippines for ~20 years. He died October 2007 with his domicile in the Philippines. His widow was named executrix in his will. I am helping her to get a letters testamentary. We have been told that this can only be done in the jurisdiction of the deceased’s residence. We live in the US. She has emphezema and is on oxygen. Is there some way we can get the letters testamentary without having to fly to the Philippines? Thank you.

By: jhdma5

jhdma5 — Thu, 10 Apr 2008 04:17:22 +0000

Situation:

My grandfather & grandmother owned a lot & house. They had 10 children. The children grew up and some moved away. The house burned down. Another house was built on the lot by the 4 unmarried children of my grandparents.

Questions:

What is common and what is not common in the estate?
Who has the right to take tenants in the house only?
What are the Philippine statutes/laws that define these?

By: anna

anna — Tue, 20 Nov 2007 12:52:54 +0000

good day, i just want to ask if there is a penalty for not paying the estate tax immediately after the death of the owner of the property. my father died last 1993 leaving two parcel of lands, we pay the real property tax yearly but we are not awre of the esttae tax until we decided to finally sell the parcels of land this month.

By: pax2006

pax2006 — Wed, 15 Aug 2007 14:16:39 +0000

Actually, we’re still studying the introduction to constitutional law and we’re focusing on Bill of Rights…

I have no idea as what the difference between poll tax, income tax and real property tax.

That question was being asked during our exam last week, and no result yet, if the not paying real property tax could not be imprisoned…

By: Atty. Fred

Atty. Fred — Wed, 15 Aug 2007 08:50:58 +0000

Pax,

Let’s make this more interesting. A tax is not an ordinary debt, wherein you could not be imprisoned. In general, non-payment of taxes is tax evasion, which has a criminal penalty. The exception provided in Sec. 20 is a “poll tax”, which is definitely not an income tax or, as you mentioned, real property tax. Since I understand that you’re a PolSci student and had studied the Local Government Code (or am I wrong? =), could you please tell me if a person who does not pay real property tax may be imprisoned? =)

By: pax2006

pax2006 — Tue, 14 Aug 2007 13:03:16 +0000

base on sec. 20 of Bill of Rights that no person shall be imprisoned for debt or non payment of a poll tax…

does it mean that nobody would be imprisoned for non payment of real or property tax…

thanks =)

By: Atty. Fred

Atty. Fred — Tue, 27 Feb 2007 07:33:42 +0000

Lawenthusiast, sorry I didn’t see your post. For whatever this is worth, please check Article 1347 of the Civil Code which reads in part: “No contract may be entered into upon future inherintance except in cases expressly authorized by law.”

Tina, a Revocable Living Trust is, well, a trust, which concept is partly governed by Articles 1440 to 1457 of the Philippine Civil Code. Just to be clear, please don’t consider this as an advice on your concerns, as no legal opinion is dispensed in this Forum. Good luck with your research.

By: Tina

Tina — Tue, 27 Feb 2007 05:05:26 +0000

I am not a lawyer and I need help on my research on making my Living Revocable Trust. Is a Living Revocable Trust valid in the Philippines?
Or only a Will is honored in the Philippine system?

By: Common-law marriage (live-in relationships) in the Philippines at Philippine e-Legal Forum

Sat, 04 Nov 2006 14:48:03 +0000

[...] Under the Family Code of the Philippines, property matters between the husband and wife are set forth in relative detail, e.g., the forms and requisites of a marriage settlement or ante-nuptial agreement, donations by reason of marriage, the “default” property regime of absolute community of property (vis-a-vis separation of property, and conjugal partnership of gains), support for the spouse and the children, and the effects of legal separation and annulment of marriage on the spouses’ properties. Iâ€™m still trying to decide if I should further discuss any of these topics (also, the rules on succession/inheritance are treated in other laws/issuances, and may be discussed separately in other entries). [...]