What if may minana ka sa magulang mo na lupa or ari-arian?
Pwede mob a itong i-waive na lang sa mga kapatid ko or sa nanay ko? If pwede kong i-waive, may tax ba na dapat bayaran?
Once in a while nakikita naming ito sa aming practice. Yung mga tagapagmana, hindi nila tinatanggap yung mana nila. Gusto nilang ibigay na lang sa kapatid nila yung share nila or sa nanay or tatay. Pwede ba to?
Ganyan ang tanong ng reader natin today, na si Celine A., who says:
"Attorney, my father just died. He left to us our house and lot in Cainta. There are 3 of us his children and my mom is still alive. We saw from your videos that we, as children will inherit the house and lot along with our mom. The 3 of us siblings discussed it and we don’t want to have any share in the house and lot because we feel it belongs to our mother. Can we just give our share to our mom? Is there anything we need to consider? Will it be expensive?"
So today paguusapan ang:
- Pwede ba natin i-waive yung mana natin?
- If pwede i-waive, may kelangan bang bayaran na tax?
If you’re having issues transferring your land or have issues transferring the properties of a loved one who passed away, we have something that can help.
We recorded an FAQ session where we answered the most common questions related to estate settlement. You can access the recording by going to www.legalaccess.ph and choosing the estate settlement topic there.
Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Atty. Erwin Zagala and I'm with my partner, Atty. Ramon Ramirez.
OUR DISCUSSION ABOUT INHERITANCE:
- Can heirs be waived?
- Is it subject to tax?
- General renunciation or specific.
Disclaimer: The conclusions here were based on the facts presented, and may change after further investigation of the nature of the property as well as the extension of the portion sought to be donated. PLEASE DO NOT USE THIS AS A VIRTUAL CONSULTATION...
CONSULT YOUR LAWYER. USE THIS AS A BASIS FOR CONSULTING YOUR LAWYER.
For most of you, this lesson was more than enough, and if it makes your life easier, then you're welcome. But there are some of you who will watch this episode and end up asking more questions, such as, Attorney, how do we determine what to put in the estate? How do we determine who are the heirs? Or Attorney, what’s the complete process of transferring the properties?
If that's you, then we invite you to check out the "Estate Settlement Guide" workshop (NOT A BOOK) where in as little as 1 hour, we give you a CRASH COURSE ON SUCCESSION LAW and a GENERAL ROADMAP OF THE ENTIRE ESTATE SETTLEMENT FRAMEWORK.
With this guide, you will know exactly where you are in the process regardless of whether you are doing it on your own or have hired someone to assist you.
You can access this workshop at info.legalguide.ph/estate today.
One last thing... It’s definitely an heir’s right to waive or renounce his inheritance. But there are ways of exercising your right which can lead to unnecessary expenses. It is really important that when you consult a lawyer regarding estate or succession matters, you consult someone who does it on a daily basis or who specializes in it. I
n every field of practice there will be these little tricks and details that can be missed by a lawyer who doesn’t specialize in the field. So protect yourself and consult a specialist.
So wasn't that simple? Now, go make better choices.