Extra Judicial Settlement of Estate

   You’ve finally gathered all your siblings, agreed on how to divide the property, signed the Extrajudicial Settlement (EJS) before a notary public, and you're ready to head straight to the BIR. But wait! There is a major roadblock that many families completely forget about: The Newspaper Publication. If you skip this step, the Registry of Deeds will not transfer the title to your names. Here is everything you need to know about this hidden requirement so you don't waste time or get scammed. Why is a Newspaper Publication Required? When a property owner passes away and the heirs settle the estate outside of court (extrajudicially), the law wants to make sure that no hidden heirs or unknown creditors are being cheated out of their fair share. By publishing the EJS in a newspaper, you are technically giving the public a notice. It gives anyone with a legal claim against the estate a chance to step forward. The Law: Under the Rules of Court, the EJS must be published in a newsp...

  Think Twice Before Saying "Sayo Na Lang Yung Lupa": How a Simple Family Waiver Can Accidentally Trigger a Second Tax Bill When a parent or family member passes away, it’s very common for siblings to gather around the table and try to make things simple. One sibling might say, "I’m already based abroad," or "I don’t need the money, sa'yo na lang yung parte ko sa lupa" (You can have my share of the land). It sounds like a beautiful act of family love and generosity. But if you don't phrase that waiver perfectly in your Extra-Judicial Settlement (EJS) , the Bureau of Internal Revenue (BIR) will treat it as a formal donation. Instead of just paying the standard 6% Estate Tax , you could accidentally trigger an additional 6% Donor’s Tax ! Here is how the BIR views family waivers, and how to avoid an expensive tax surprise. 1. The Magic Word: General Renunciation vs. Specific Waiver Under BIR rules (specifically Revenue Memorandum Circular No. 94-202...

  If you are currently processing the estate settlement of a family property, you already know it involves a lot of paperwork. But what happens if the land doesn’t have a title (no OCT or TCT) and only has a Tax Declaration as proof of ownership? One of the first things the Bureau of Internal Revenue (BIR) will ask you for is a Certificate of No Title . It sounds a bit contradictory—getting a certificate to prove you don’t have something—but it is a crucial step to move your estate settlement forward. Here is a simple, step-by-step guide on how and where to get it. Why does the BIR need a Certificate of No Title? When a property is untitled, the BIR needs official confirmation from the government that no duplicate title exists under someone else's name. This protects the heirs and ensures the estate taxes are being computed for the correct, unregistered parcel of land so you can eventually get your eCAR (Electronic Certificate Authorizing Registration) . 📋 The Step-by-Step Guide...

Finishing a 3- or 5-year car loan is a major win. However, many owners forget that the bank still technically has a "lien" on the vehicle until the Chattel Mortgage is officially cancelled. Without a "Clean" CR, you cannot sell the car or transfer ownership. The Step-by-Step Process: Claim your Documents from the Bank: Once your final payment is cleared, contact your bank’s loan department. They will provide a "Release of Chattel Mortgage" (or Deed of Release), the original CR, and the original Official Receipt (OR). Visit the Registry of Deeds (RD): Go to the RD branch where the mortgage was originally registered (this is usually indicated on your CR). You will need to pay a cancellation fee. They will stamp or provide an annotation that the mortgage is now cancelled. LTO Annotation Removal: Take your annotated documents from the RD to the LTO District Office where your car is registered. You will need: Original CR and OR Release of Chattel Mortgage  V...

A screen shot of the ongoing renovation GOOD MORNING❤️ To continue, I've told you in my previous blog that Pag ibig told us to submit additional requirements because upon checking, our lot didn't close, the boundaries.  Additional Requirements Required from us: 1. lot data computation 2. certified technical description   We can get these from DENR REGION 4A since we are from Rizal. The process is, get Lot Data Computation and Approved plan from DENR LOS BANOS. Bring them to DENR CALAMBA so you can request for a Certified Technical Description of the lot. So, March 4, 2024, we submitted our request for lot data computation and approved plan from DENR LOS BANOS. We were told, the line was long so our schedule to pick them up was March 19, 2024. We let one day passed, to make sure, the documents are available.  March 20, 2024, we came to get the Lot Data Computation and the approved plan. The fee was ₱50 per document, ₱100 if you want it certified. DENR CALAMBA From DENR LOS...

Seller sells and Buyer buys according to the terms and conditions they agreed upon‼️ This is the whole process NOTES: Buyer and Seller should provide government IDs A SPECIAL POWER OF ATTORNEY is needed if one or the parties to the transaction are not available to sign the documents personally. *********************************************       THE PROCESS and... Private/Government agencies to work to: 1. Notary Public-  Preparation and notarization of the Deed of Sale, after both parties have signed. 2. Registry of Deeds-  Get certified copy of the title of the property subject of sale. 3. Assessors Office-   Get certified copy of tax declaration for the lot and the improvement, if any. Get certificate of no improvement if there's no building or any improvement on the lot. 4. Treasurer's Office- in the municipality or city where the land is located-  Get tax clearance for the land and improvement, if any. 5. Bureau of Internal Revenue (BIR)-...