How Overseas Filipino Workers (OFW) can settle their relatives’ Estate if they're abroad?

Estate Settlement 4 min read , February 26, 2024
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Ever wondered how you can settle the Estate of your loved ones in the Philippines while you're abroad?

Are you curious about the legal steps you need to take as an overseas Filipino to handle your relatives' Estate back home?

We're about to unravel the answers to these questions and we will help you navigate the legal process seamlessly.

Welcome to Legal Guide Philippines, where we simplify the law to help you make better choices!

I'm Atty. Ramon Ramirez and I'm with my partner Atty. Erwin Zagala.

So today we're talking about how Filipinos abroad (OFW) can settle the states of their relatives in The Philippines while they're out of the country.

So we're here to provide in this episode some guidelines that you can utilize so that you can solve the problem even if you're not in the Philippines.

To answer the big question...

Yes, pwedeng ayusin!

In fact, 70% ng clients ng Law firm namin (Legal Access Law Offices) doing estate involves mga overseas Filipinos so we can say from experience, yes po. You can fix the estate.

It's not a legal hindrance, okay?

Here are some tips on how to do it:

If you're just starting first off, understand Why is it important

If you're handling things remotely...

Wala ka nga dito eh, you're not able to monitor things. You must arm yourself with the familiarization of How an Estate Settlement works and how Philippine Law works concerning an estate.

Ang magiging primary source material would be the Civil Code provisions on Succession as well as the rules of courts.

However, To shortcut:

You don't have to go to the actual text especially if you're not a lawyer. What you can do is keep watching videos such as this.

With Legal Guide Philippines, we put out a lot of videos from there you can get a working familiarity with how an Estate Settlement rules and be armed with a good foundation as to how it works.

You can then move on to the next step...

Point of representative

Since you're not physically present in the Philippines, appointing a trusted representative or Attorney-In-Fact is essential.

So, Atty. Ramon, ano ba ang ginagawa ng Attorney-In-Fact?

Attorney-In-Fact, Parang Agent yan. What does an Agent mean?

Siya yung person na mag-a-act on your behalf and handle yung necessary legal tasks.

Kunwari, kelangang mag-file ng petition...

Kung kelangang kumuha ng mga document sa Various Government Agencies...

Kasi yung may mga ganong submissions during estate settlement.

And as I said earlier, kung may magpa-file ng petition for you also somebody to represent you in court if needed, kailangan this person is very reliable and knowledgeable about estate matters.

Very important, knowledgeable.

By the way, the agent could be a single person or it could be “Jaraaan!”

A Law Firm...

Or a group of people, Professional service providers, pwede ring accountants...

But the point is, it doesn't have to be a single person. Contrary to some misconceptions and hindi kailangan na kamag-anak.

So, sometimes, yun yung nae-experience ng mga clients namin like wala silang mapag-katiwalaang kamag-anak not because they're not trustworthy but because wala silang time.

They might not be in a position to act on it, right now like kung May 8-5 sya na hindi sya pwedeng mag-absent absent.

So it's really helpful to get somebody.

Now, I would like to move on to the third point.

Once you understand the legal framework, once you have chosen a representative, the third step is of course...

To initiate the estate settlement process

You need to have the documents to kick-start the process and first off ang pinakang importante,

  • Death certificate. Kailangan may proof tayo na meron tayong deceased Of course, we should get the will if ever meron.
  • Titles to properties
  • Inventory of all the properties involved. Bank Statements and other relevant records
  • Proof of ownership nung mga properties

These documents will serve as evidence to support the estate settlement proceedings.

So follow the legal procedures, work closely with your appointed representative to ensure that all legal procedures are followed correctly, and gather the relevant documents.

By adhering to these tips, you may be able to settle the estate even if you're not in the country

As with anything else if needed, don't hesitate to get help.

So don't be embarrassed to ask for professional advice if needed. Because there will be a lot of people ready to help you.

If you found this video helpful, you could continue watching our stuff at https://www.legalguide.ph/

In fact, you can also enroll in our Estate Settlement Workshop at https://info.legalguide.ph/estate.

We've recorded the estate settlement workshop basically, it arms you with the framework needed to understand how an Estate Settlement works.

Estate Settlement Workshop

Wasn't that simple? Now go make better choices!

Estate Settlement