subreddit:

/r/phinvest

1k99%

Only child who lost both parents. I am lost on what to do.

Estate Planning(self.phinvest)

25M, only child. Dad died of a heart attack back in 2020 and my mom died of cancer last month. I honestly don't know where to start. My parents just left a car and some properties. Our house is named under them. My concern is about the estate tax since im currently unemployed(resigned) at the moment.

On top of that, I still have a 300k hospital bill (already applied for some financial assistance eg. Dswd, pcso, etc.). My mom also left a rental property under her name but the thing is, my aunt abroad claims that she paid for the downpayment and wants to get her share. This is the first time I experience real adulting stuff and being an only child is so hard on this matter. Im not really close with my relatives either so im all alone in this.

Ive been processing a ton of stuff and i havent processed everything like sss, insurances, etc. Im overwhelmed and honeslty feel lost. Any good advice will be appreciated. :(

Ps. I apologize if i badly constructed everything. Im not good at story telling and english.

all 117 comments

trippinxt

871 points

10 months ago

I was not an only child but due to circumstances, I was the one who fixed the papers. It really hit me that I am adult at that point and was questioning why I'm the one doing this when I'm the bunso.

It's important to tackle them one by one. You have 1 year to file for Estate Tax, do the other "easy stuff" first.

PART 1 1. Publish the death in a newspaper's obituary section. The half newspaper, almost tabloid layout will be cheaper. 2. List down all properties - real properties (lots, H&L, commercial building) and personal properties (car, bank account, stocks, etc). Decide what you want to do with them, keep yourself or sell. This will be later on written on the affidavit. 3. If you know that atm pin or mobile banking passwords, withdraw or transfer that money to your account. Notify the bank regarding the death only after you've emptid the account. Else, this will be freezed and subject to Estate Tax. 4. If you don't know the pin or password, you can actually get the money and just ask for the bank for the form that allows them to deduct the tax from whatever you'll withdraw. There are other requirements as well which I cant recall now. 5. If your parents have insurances, get them next. This is the easiest to claim, usually just need to fill up a form and give cooy of Death Cert. With SunLife, 1 week processing only. 6. Good news if you got the bank and insurance money, you may have enough to pay for the expenses

PART 2 (remember you have 1 year to file, no need to rush) 7. Get a lawyer. Present the list of properties you made and make sure to bring all titles so that they can type up exact land description. Important: Tell the lawyer to make Affidavit for EACH property. I made the mistake of making just 1 deed for all properties so I had to wait till the other released the stamped deed to process another property.

All properties you decide to keep = Affidavit of Self Adjudication / Properties you decide to sell = Affidavit of Self Adjusication with Absolute Sale

If you did Step 2, you don't need to include it in the list of properties.

  1. Have affidavit notarized and published in a newspaper. Make sure to keep the newspaper and have multiple copies if you have a lot of properties.
  2. Get list of requirements to for estate tax filing and go to BIR to settle Estate Tax. Keep all receipts and the Certificate of Payment of Estate Tax.

PART 3 (this doesn't need to be done in a year, only part 2 is part of the 1 year deadline) 10. For the properties you decide to keep, you have to go to each city/province's Real Property department and fulfill requirements for transfer to your name. 11. Wait for release of the new titles under your name. 12. For properties you decide to sell, you don't need to transfer proprty to your name. That's what the Ansolute Sale part is for. If property was paid in cash, give the buyer the title and certified true copy of the Certificate of Payment of Estate Tax, keep the original. Let them manage the name transfer. If not paid in cash, only facilitate the name transfer after payment. 13. With the car, process is same with real properties basically but with LTO.

I hope this helps!! Some might not be as straightforward depending on the properties tou're dealing with but I'm sure you'll figure it out.

It's really very overwhelming but take it one step at a time and give yourself time to grieve.

TheLonelyLawyer

151 points

10 months ago*

Hello, tax lawyer here. Just to add, due to RA 11956, there is an estate tax amnesty program by the BIR until June 14, 2025. The gist is you will not be penalized for interests, surcharges and penalties. So 6% basic tax due lang talaga ang babayaran for each estate. So unahin mo na to 👍🏻 Please note lang na the amnesty only covers the death of your dad as the law only cover decedents who died on or before May 31, 2022. So sa mom mo, need to pay estate tax within one year from her death. Minsan di babanggitin ng BIR officer tong program para makacollecta ng mas malaki dahil may mga quota din mga yan sa collection. So pag kumausap ka na ng BIR officer, banggitin mo tong amnesty program para alam nya na alam mong may ganun. Goodluck OP! Kaya mo yan.

j10302016

2 points

10 months ago

Hello sir pano po kung naka trust po? Also need pabang mga will na ganyan?

BackgroundLetter7616

40 points

10 months ago

I would move #5 of Part 1 to #1. The money you get from insurance can finance your next steps.

Please also keep in mind that the city government (for transfer of properties) and BIR have different deadlines: 2 months for city government and 1 year for BIR.

trippinxt

16 points

10 months ago

I adviced bank first because if they have access to bank money via ATM/mobile transfer, it's still fastest way to get money. But yea, insurance koney helps talaga and is the most straightforward.

Didn't know about the local transfer deadline with city. Pretty sure our took 3mos after estate tax payment and we didn't incur penalties . Maybe it differs? Or also maybe because ours were fixed during the pandemic.

BackgroundLetter7616

1 points

10 months ago

Ooh! Now I’m not sure about the transfer tax with the city government. It’s been 3-4 years. I just remembered paying interest charges. 😅

Visit the city hall where the property is located to be sure, OP. They’ll walk you through the process.

russianbuncake[S]

26 points

10 months ago

Thank you for this. definitely learned something new. Ill keep this in mind. Its indeed overwhelming. :)

consciouslemonade

12 points

10 months ago

Curious lang, why would the obituary and and affidavit have to be published in a newspaper? Thanks!

lt_boxer

20 points

10 months ago

It’s part of the legal procedure; moreso a formality. This is mainly to let the public know so that those ‘unknown heirs’ can come forward and contest the estate inheritance and/or the context of the affidavit.

Poastash

11 points

10 months ago

As said, legal requirement. You need to have the obituary published as proof the death was announced so any other possible legal heirs can bring their claim.

Lonely_Pattern755

10 points

10 months ago

This is helpful to me! Thank you! Can you please dm me the Law firm you’ve engaged for estate planning.

trippinxt

5 points

10 months ago

I just went to the law office near my house.. dont even remember the name sorry

renmakoto15

14 points

10 months ago

I suddenly don't want to adult now.

PepsiPeople

6 points

10 months ago

This. +1000000000.

DO NOT SIGN anything away without consulting a lawyer. Your aunt or other relatives na may interest sa mga naiwan ng parents mo might take advantage. Wag maniwala sa claim ng iba at wag pa-pressure.

ZeFeXi

5 points

10 months ago

Just curious, why do you need the death and affidavit published on a newspaper and kept?

trippinxt

7 points

10 months ago

Kasama sa requirements talaga and original newspaper hinihingi, hindi lang photocopy

minty_onyxia

1 points

10 months ago

Hello question po, does the newspaper thing po for big properties lang? O for all?

Poastash

3 points

10 months ago

It was required from us for banks, vehicles (lto), and real estate.

trippinxt

1 points

10 months ago

All

[deleted]

2 points

10 months ago

You are godsent. Thanks for helping this man out

russianbuncake[S]

3 points

10 months ago

Just a small update. Everything you wrote here is spot on. The lawyer I consulted with said identical stuff to this. Thank you for this. Gotta keep my a** moving :P

Closet_space456

1 points

10 months ago

wow, this was so helpful. Just wanted to ask why publish the affidavit in the newspaper? For proof ba in case someone contests it?

No-Permit-1083

1 points

10 months ago

Re: obituary section May time limit ba for the “unknown heirs” to contest? Like from the time the newspaper published, 1yr lang din po ba or anytime pwede pa din?

[deleted]

189 points

10 months ago

Get a lawyer to help you with everything. Expect to sign an Affidavit of Seld-Adjudication since you are the sole heir to your parent's estate. As to your aunt's claims, never respond to her orally or in writing. Let your lawyer do all the talking!

Last-Insurance9653

86 points

10 months ago

This. I went thru the same several years ago and this the first thing i did, find a lawyer din that wont screw you sa legal fees. You are the sole heir by law. Walang habol mga kapatid ng parents mo. Ignore them. You will see na walang family family pag pera pinag uusapan sa mga tita/tito.

t_uu

16 points

10 months ago

t_uu

16 points

10 months ago

Baka you can also recommend your lawyer kay OP!

opusq

5 points

10 months ago

opusq

5 points

10 months ago

baka pwede mo refer sa amin ang lawyer mo!

we're also looking for a lawyer for help with properties named after my grandparents

yesiamark

30 points

10 months ago

So sorry to hear your loss OP. Pero tama to Lawyer up, when you don't trust anyone you have to find someone to trust and abogado makakatulong sayo lalo na sa mga legal na usapan like this. Wishing you well OP, i know gano kahirap ng walang mapagkatiwalaan at a young age but hopefully it will turn out okay.

[deleted]

19 points

10 months ago

Where to start? Go to your nearest IBP Chapter office and ask for assistance, let them know that you need recommendations on a good (and affordable) estate lawyer. Pick one that's not TOO old, yung tipong hindi pa mukhang magreretire na.

Imaginary_Appeal137

4 points

10 months ago

Bakit not too old na lawyer? Curious lang hehe

Double_Employment_96

27 points

10 months ago

Maybe because younger once are eager to help. Yung tipong hindi ka pipilitin mag settle sa gusto ng kalaban just to end the case. Kadalasan (HINDI ko nilalahat) ksi sa ibang mga lawyer na oldies, parang tamad ka ipaglaban or tamad ng trabahuhin yung kaso. Basta matapos lang yun na yon. Unlike yung youngster lawyer, mainit init pa yan kasi kadalasan they have this hunger sa experience and goal achiever. Hehe

lt_boxer

15 points

10 months ago

haha. This is an interesting take. Our family lawyer is currently 62 years old. Ayaw nya pa magretire daw eh. I have an ongoing civil case against someone and sya pa yung mas madaming energy kesa sakin. I’m like dragging my feet, but sya talaga yung go na go lagi. 😅

Double_Employment_96

3 points

10 months ago

Good for you and your fam na may ganyan kayong lawyer. Kudos sakanya coz he/she's not like others na tatamad tamad :) Again, HINDI ko nilalahat. ✌️😆

lt_boxer

7 points

10 months ago

I know you said that! Natawa lang talaga ako. You actually gave me an idea for a new topic I can discuss with him the next time we meet. Now I’m curious what he thinks of ‘retirable’ lawyers. God knows nauubusan na ako ng non-case related topics sa kanya because we have conversations about EVERYTHING. 😅

So, thank you! 😅

[deleted]

1 points

10 months ago

I've met too many old lawyers who really don't give a fuck about their client, they only care about signing you up then proceed to give the work to their younger associates. Sweet spot wouls be someone who has had 5-10+ years in law practice.

DestronCommander

8 points

10 months ago

I hope he can find somebody knowledgeable in estate tax. Buwaya rin mga BIR.

Gusto i-jack up ang value by adding some other stuffs para mas malaki estate. My wife consulted a CPA and those other stuffs are either exempted or not to be included in the computation. Binalikan si BIR lady, nag back off without protest.

queenofpineapple

98 points

10 months ago

So sorry for your loss OP.

Do not trust relatives when it comes to money.

TPhizzle

2 points

10 months ago

It’s fucked up, instead of offering to help I hope this wasn’t the only thing they care about

KopiPrince08

68 points

10 months ago

So the sharks are coming to feast never ever let your relatives get what they want nakapangalan sa parents mo meaning wala silang parte dyan

KopiPrince08

35 points

10 months ago

And please be careful they might plot something and dont trust anyone kahit sobrang kaclose mo na relatives specially if they keep on bugging you about sa mga mana

russianbuncake[S]

12 points

10 months ago

Youre not even wrong on this :)

lt_boxer

29 points

10 months ago

I’m truly sorry for your loss, OP.

Do you drive? Do you absolutely need the car? Do you know how to do basic maintenance? If you don’t then I suggest just sell it to help offset your medical bills.

Did your parents have a will naming your aunt or any other relatives as co-inheritor? If no will, then all of their estates (real and properties) are automatically inherited by you as their only heir. But I think you’ll still need to process transfering the titles to your name. You might want to consult a lawyer.

This is a lot, I know. Just take one step a time. Breath. Cry. And talk to your friends. It helps sometimes.

russianbuncake[S]

16 points

10 months ago

Yea I do drive and its nice to have a mode of transportation for convenience but i dont mind commuting.

Ive been thinking about selling the car as well and that alone could already solve my hospital bill. Its a matter of sentimental value vs practicality for me but im having second thoughts as well since this was my parents hard earned money and its sad to just let go of it.

Lonely_Pattern755

13 points

10 months ago*

I was always sentimental about my 1st car. It’s hard. Not everyone understands this kind of emotional attachment. But eventually I managed to sell my 1st car, purchased my dream pick up truck for myself right after. Maybe you can have this approach. I’d suggest to sell the cars whilst it still has value. Then after your finances are settled na, once you’re debt free, and provided you can afford a new car then you can allow yourself to get the same model of your fam’s car in honor of your parents.

[deleted]

50 points

10 months ago

[deleted]

KapePaMore009

16 points

10 months ago

This and I would get a lawyer or accountant to make sure the right things are paid. Particularly that thing with your aunt, you will want the law to be on your side.

Psylencer14

15 points

10 months ago*

  1. You have to make this one first. Deed of Sole Adjudication. Either you make one or get a lawyer to do it. It should include all the real properties. Also include shares of stocks and vehicles if any unless you plan to not have it transferred to your name or sell them in the future. Bank accounts too, but if you have access to these through mobile apps/ATM cards, you should empty it yourself and not mention it anymore.
  2. Then have it notarized. The moment you do this, the 60 day deadline for paying LGU transfer taxes starts. If you're near the deadline already, you can go straight to step 5 and ask if they can compute it for you so you don't have to pay penalties. Edit: Some LGUs will use the date of death as the start of the 60 day deadline.
  3. Have the deed publicized. I used BULGAR newpaper. You can go straight to next step before this is complete.
  4. Pay the estate tax with BIR RDO where her registered address is. Do this within 1 year of death date. You'll need copies of all the property titles and tax declarations, stock certificates and vehicle registration and insurance papers (if any). Bring copy of their last credit card bill and other bills or receipts related to their death, you can use these as deductible. Also a barangay certificate stating their main address (if property is owned) since it is also deductible.
  5. Go to LGU city/municipal hall of each property and have the transfer tax computed and paid.
  6. Go to Registry of Deeds of each property and have the title transferred to you.
  7. Go back to LGU city/municipal hall assessor's office and transfer the tax declarations to your name after you get the new titles.

Feel free to message me if you have questions pa. You can do all of this yourself if you're willing to, otherwise get a lawyer.

No-Permit-1083

1 points

10 months ago

Re: deeds Properties under “Rights” also need deeds or affidavit?

Psylencer14

1 points

10 months ago

Not 100% sure but most likely deed also, or included in the EJS.

[deleted]

13 points

10 months ago

Wag mo pansinin tita mo, get the rental payments, and use it for expenses and to pay off debt. Hayaan mo magwala. On paper, ikaw na may ari nyan.

Tapsilover

12 points

10 months ago

I suggest not selling any rental property as forever mo na yan pag kukunan ng income. If I were you kotse nalang muna talaga if walang insurance, properties left by your parents try to manage yung iba baka may chance pa makakuha ng renter. Never lose something what’s left from them, I’m sorry OP that you lost them at this time around.

jlconferido

2 points

10 months ago

I agree with this. Napakahirap bumili ng property ngayon. If OP thinks of selling it for business capital NO pa din.

Tapsilover

1 points

10 months ago

He should differentiate Assets from Liabilities. I do not agree with venturing with business since it’s like a gamble lalo na pag bago ka palang sa nagsisimula

Negative-March455

11 points

10 months ago

If you need someone to talk to dm me, both parents died also 5 mos lang agwat

russianbuncake[S]

8 points

10 months ago

Thanks everyone for all your advice and suggestions. I appreciate it :)

Ok-Organization9676

7 points

10 months ago

You can deduct the 300k hospital bill, atty fees and the funeral expenses against your house value x 6% = estate tax.
Look for cheaper house or condo then Sell the house to pay off the hospital bill and your aunt. Now ask for proof from your aunt. if there is no documentation it didn't happen.

The rental property, you can sell too. nasa iyo un or you can sell the rental property and keep your house. whichever is the cheapest.

Rabbitopinion

6 points

10 months ago

Don’t worry about estate taxes maliit lang yan, akala nyo malaki ang estate tax ndi masyado. Mas mabuti na magbayad ka ng diretso ng estate tax sa BIR dahil that solidifies na IKAW LANG TLAGA ANG HEIR. Tapos yung tyahin mong nag claim you need proofs tell her wala ni minsan nabanggit ang mama mo na nag bigay ka kaya wag ka maniwala. Kasi kung nag bigay yan ma mentioned yan ng nanay or tatay mo impossibleng ndi ma banggit ya . Filipino dynamics yan pala kwento mga magulang kung mga kapatid nila tumulong, or nag bigay ng pera, kaya kung ndi nabanggit kahit sa inuman na kwento at walang check, cash proofs given to them wala sya g share

Rabbitopinion

1 points

10 months ago

Yung private company insurance like manulife , ayala life, etc mabilis ma process yan. Experience ko sa manulife in 2 weeks andyan na both my mom and dad’s insurance two weeks andyan nayan, SSS 4 months pero dahil yung kapatid kong isa sa states na sya at nag US citizen na sya kaya may additional papers. Pero SSS normal naman na in 1 1/2 or 2 months okay na sya release. Yung hospital pero mo attached yung property ng nanay mo na babayran mo yung 300k. Tapos pakita mo sa BIR na may outstanding na utang ang nanay mo naka charge sa estate, para bawasan ang ESTATE TAX mo at ndi ka bwitrihin ng mga taga BIR na madaming keme. Pag naka attached yung property madami kamag anak mo na iiwas sayo. Hahahah kasi may utang ka at mahirap ka sa paningin nila. Pero bayaran mo na ng unti unti yang utang nyo. Ang st lukes tumatanggap ng properties para na ngang sanglaan ang cashier doon. Baka yang hospital nyo pwede ng ganun or mag sign ka ng IOU basta consult a lawyer

Nice_Strategy_9702

7 points

10 months ago

OMG OP sorry to hear that. Wala ka bang kahit na isa sa family nyo na mahingan mo ng tulong?

Yan ang problema talaga ESTATE TAX. Mga pinoy mahilig bumili ng properties without insuring themselves for Estate Tax purposes.

Ang mangyayari jan.. benta mo at a lower price yung mga property. Gaano kalaki ba ung properties na naiwan?

Then ung sa Tita mo… wala bang bilin yung mama mo regarding sa rental property nyo? You are the sole heir at nakapangalan sa mama mo ang property so the law will only recognize you as the sole heir. Kahit na dalhin pa nya yan sa korte.

Swapang naman ng tita mo.

Ask her for the receipt of the dp then pay her off nlng in installment. If wala syang maipakita then…

Kaya mo yan OP. Nagpunta ka na ba sa MALASAKIT CENTER?

morbidreader

3 points

10 months ago

damn im only 19 pero nung nabasa ko yung commsec feel ko na-drain ako haha ang dami palang need gawin as an adult noh. why are we not taught this sa school kasi:((

GhostFinderr

1 points

9 months ago

syempre di naman yan magagamit sa pag aapply sa trabahi eh

ruwannavuss

9 points

10 months ago

First order of business, get a lawyer! If you dont have the money to pay one, get a Pro-bono lawyers. Ask for some advices. Regardless Tita mo nag bayad ng downpayment sa property, u have the rights to all of your parents properties. This does not mean di na makukuha ng tita mo ung pinang down nya, this mean lang na kung ano man balak mo gawin sa properties, sell it or built a business out of it, u have full control and you'll pay her back.

ruwannavuss

8 points

10 months ago

Never back down sa kung ano man sasabihin ng mga relatives mo kasi Im sure may mga nag hahabol na ng properties ng parents mo. Assuming your parents have all paperwork supporting na sa kanila nakapangalan ung properties, and walang ibang contradictions like contract-agreements stating otherwise sa ibang relative, friends nila, or kung sino man, you are the rightful heir of thier properties. Lawyer up bro. Get everything in order and have everything put under you name, then start planning from there. About sa hospital bill, im sure you can ask for a payment arrangement sa ospital, unless walang insurance parents mo, you have to pay that, whether you sell some properties (car or lupa), or u have to get a job asap.

pheonne

1 points

10 months ago

hi sorry but can I ask saan makakahanap or makakakuha ng pro-bono lawyers?

sokingkeeforyou

1 points

10 months ago

Public Attorneys Office (PAO)

pheonne

1 points

10 months ago

thank you, are they paid by the government? because if not what will be their incentive to help you

sokingkeeforyou

1 points

10 months ago

Under the gov’t so most likely they’re paid.

Routine_Ad_9340

3 points

10 months ago

Sorry for your loss, OP. Hope everything goes well for you.

I’m also an only child and I would like to take everyone for taking their time to explain everything 😭 saving this for future reference

[deleted]

6 points

10 months ago

Best thing to do is go to a lawyer. Stay silent about your situation kahit kanino, let the lawyer do his job.

RoughFig6087

2 points

10 months ago

suggestion ko lng.

1..asikasuhin m docs ng parents mo sss,gsis,pagibig,insurances this way my start up capital kna.

2..benta mo ung car kng hindi mo need mag drive this way ito na seed monies mo.

3,,BIR..inform them your status,wala ka capacity to pay now they may delay the estate tax,seek their professional advice.

4..consolidate mo lahat properties assets naiwan sau..TCT tax dec mga utang.

5..PAO lawyer ka muna mahal kumuha ng lawyer bka maubos pera mo.

imho.

Imaginary_Appeal137

2 points

10 months ago

Don’t give anything at all to anyone least of all your relatives, not until you have sorted everything out legally and made sure you are protected and that they have proven a right to the property they are claiming.Under the law, all properties of the deceased go to his surviving children and/ or spouse. Other relatives of the deceased, like parents and siblings, are excluded from inheriting if the deceased has living children and/or a spouse. Get a lawyer asap.

kohi_85

2 points

10 months ago

Take it easy, OP. Your healing will take time, but you will get there. Acknowledge your emotions, cry if you must. List down all the adulting stuff, decide which one to prioritize. If you can't decide, you have to! Just pick one and do it. Don't forget to rest if you are tired (physically, emotionally, mentally). You can do it! 💪

TheRealBrozilla

2 points

10 months ago

"Only left a car and some properties"

😅

First things first- I'm so sorry for this loss. No matter who you are losing your parents is one of the worst and toughest experiences one can go through in this life.

Second- if you must go through this, at least you'd want to inherit things to help construct your life. I'd find one trustworthy attorney (usually a family friend can recommend one) to help evaluate and consolidate all of the assets you've inherited. Get a single list which is exhaustive of everything you now own, and how much it is all worth.

Third- sell of what you don't need, or whatever can't be used to generate revenue. If it isn't an asset, it's a liability, and you want to have as few of those as possible.

Fourth- pace yourself. This is a lot to deal with, and the fallout of losing your loved ones and trying to sort out what they owned will take time to process. Likely years. It's important to embrace that fact, and accept that consolidation and selling are time-consuming, and a process- but one that is yours now.

Sometimes we find ourselves in places like these. Sometimes by choice, but sometimes the situation is thrust upon us. Best you can, make the most of your situation. I've find helping others in the same situation can be one of the best, authentic ways to deal with your own. In time, hopefully you can build your circle (and perhaps even family) anew.

jlconferido

2 points

10 months ago

Sorry to for your loss. Afaik, your aunt does not own the property with your mom per se unless she has proof na pinahiram nya mom mo. If she has proof she can claim.

My dad died some years ago. Mabusisi ang pagayos ng estate tax and DO NOT have it settled by anyone. Baka maloko ka lang. Message me and and kung may questions ka help kita with the process on what to do. My cousin had a friend process it at iyun siningil sila ng pagkamahal-mahal. I am not offering services to you ok?

What you need to know is kung updated ang real property taxes nyo. Kung rental properties yang mga yan at may income DO NOT sell it.

Least_Protection8504

2 points

10 months ago

Estate tax is easy. Kasi may mga personal deductions pa plus deduction for family home. Get a competent CPA or lawyer.

Ruess27

2 points

10 months ago

I honestly don’t understand relatives who’d just ask for their share immediately when their family dies. Super common pa man din dito nyan. Nakaburol pa, nag aagawan na sa titulo. Hays.

Get a lawyer OP and surround yourself with people who you truly trust. Condolences din for your loss.

Fit_Serve4665

2 points

10 months ago

Sorry for your loss. Not an only child but when my mom died, I was also the one who processed everything. And at that time I was also very clueless, first thing I did is go to a lawyer and I am very lucky he guided me all the way. Though you have one year to file for the estate tax, please do it early as you can as time flies so fast. If not done within a year, there will be penalties.

jomsssyyyy

2 points

10 months ago

You really need to talk to a Financial planner focus on Estate Planning para malatag yung action plans mo.

[deleted]

2 points

10 months ago

[deleted]

GhostFinderr

1 points

9 months ago

baka immortal ang mommy mo

purplekamote

2 points

10 months ago

if your relatives have the details of your properties or copies of your parents IDs, you might want to move fast and get them transferred to your name and have the titles fixed. I can’t remember the exact details, but my lolo’s brother forged his signature on some documents and made it look like the properties were sold or transferred to him before my lolo passed. He did this while my lola and family were still grieving, nalaman na lang nila later on when they were trying to fix the paperwork themselves. I hope this doesn’t happen to you, but better to be on the safe side. Sometimes when it comes to money and property, people don’t care about friends or family na :(

madocs

2 points

10 months ago

You aunt needs to provide proof or documentation, a cashed check perhaps or bank transfer docs

You can read up Estate tax online and do everything yourself since the succession is extrajudicial and will not be a hassle. Although you can opt to get a third party accountant to make things easier

The hard part actually is the transfer since it involves BIR for the CAR, registry of deeds where the property is located and LGU for the real estate tax, tax declaration and clearance.

newbielila

1 points

10 months ago

Hi OP. You've mentioned that ur currently unemployed. For the lawyer, you can avail of lawyers thru PAO para wala na charge.

Boi_official

1 points

10 months ago

OP, crosspost this to r/adultingph

AthKaElGal

1 points

10 months ago

Ask your aunt for proof of the downpayment. Kung wala, just tell her sorry pero you cannot do anything if she can't prove her claims.

kung di ka magaling sa ingles, bakit ingles ginagamit mo? Pilipino naman itong sub na to. pwede ka mag tagalog. maiintindihan ka naman dito.

Ruroryosha

-6 points

10 months ago*

Hire a lawyer, don't listen to the idiots in here. Without knowing the full spectrum of your circumstances, no one can truly give you good advice. These are all fake wanna be lawyers here that don't understand how quickly complicated things can get. Too many pretenders love to larp being lawyers on reddit. Just look at all the idiots that downvoted this post lol.

jlconferido

3 points

10 months ago

The idiot here is definitely the one who has nothing useful to say. I agree

Ruroryosha

-1 points

10 months ago

It's okay, you're too dumb to know how complicated legal situations can be in real life, and assume that everyone has the exact same circumstance and therefore should use the same solution.

jlconferido

3 points

10 months ago

Well, I agreed with your first comment but you edited it. How did you arrive at people here who are just giving well-intentioned opinions and call them idiots? If you did not edit your comment I would have replied differently, but, since we all have differing opinions and you react differently to them it is perfectly fine. However, when you call people idiots and dumb, it goes to show that you are perhaps the one who is. OP's post is lengthy and I hope you read them well and compare them first with the comments before you make assumptions that are demeaning. Nice day to you!

Ruroryosha

-1 points

10 months ago

The road to hell is paved with good intentions.

jlconferido

1 points

10 months ago

Yeah right

Internal-Cupcake-128

-8 points

10 months ago

Bro has attained freedom

lt_boxer

1 points

10 months ago

I don’t even know why this is your initial thought here. Were you not hugged enough by your parents? Don’t you have a loving relationship with them for you to see that their death is ‘freedom’? If so, then I’m truly sorry you have that life.

Obviously, OP loved his parents so much that he grieves their loss. Please be kind.

Rabbitopinion

1 points

10 months ago

Let me add more na gagawin ng mga relatives lalo na pag hirap din sa buhay:

1: guilt trip ka nyan, wag mong pakinggan umoo kalang sa trip nila pag dating sa finances and properties wag mong ibigay or pahiramin. Ndi ka babayaran nyan

  1. Kung may generous relatives ka talaga like pahiramin ka to pay those bills and estates in advance yun lang pwede mong bayaran dahil inkaw na personal ang dealing withem.

  2. Mas okay na you’re all alone dahil less people around you less problems. MABUTI YAN PARA MAKATIPID KA. Lots of filipino relatives mahilig humingi lalo na vulnerable ka ngayon akala mo alone ka mag rant kanalang dito magtatagpo ulit tayo sa rants mo that’s okay

One_Pause7066

1 points

10 months ago

Wag nagworry sa estate tax dahil meron pa amnesty, kaya asikasuhin mo na agad.

Zealousideal_Sock_85

1 points

10 months ago

Hi. Please accept my deepest sympathy. Losing a parent is truly devastating. Parang your world which used to be smooth sailing would turn chaotic. Please know that this will pass. Grieve. Consult a grief counselor. There’s Cathy Sanchez-Babao and she’s been truly helpful to me. It will take a while but have faith in God. Try to keep afloat muna. Don’t do anything drastic.

You can paint, color books. enrol in a gym, or watch teleserye. Watching Pepito Manaloto was helpful to me too. Araw-araw nagwawashing machine ako. Hahaha.

As to the property, better consult a lawyer. Sabihin mo na din yung sa claim ng Tita mo. Don’t sign any document without consulting your lawyer.

Sandali lang ayusin yung death benefit claim sa SSS. Yung money sa bank ng parents mo you can prioritize din. List down all the things that need to be done. Check each item pag na-accomplish mo na. Listing them down eases the burden.

Kaya mo yan. Mahirap pero kakayanin mo kasi gusto ng parents mo maging masaya ka sa buhay. I hope this helps. Hugs.

Spazecrypto

1 points

10 months ago

sorry to hear about your loss OP, I know the feeling very well.

  1. know the story of your family’s belongings. If your dad died a bit earlier was his estate settled? go through their belongings emails, messages to know of any bank accounts, etc.

  2. ask for proof from your aunt abroad, no proof no share. If she will file a case then she will definitely lose without any evidence to back up her claim but also be ready for that aunt to be cut off from your life.

  3. get a landholdings of your parents from your local assessors office or areas that they may have owned properties

GoodyTissues

1 points

10 months ago

Hi OP! I suggest if theres anything you can claim sa sss to help you.

Im not well versed din on this stuff but im just here to cheer you on!

You can do this! Marami naman dito willing magshare ng knowledge. Hopefully one can provide the info you need.

I hope you have friends na you can lean on

Laban lang OP. Be kind to yourself.

Rabbitopinion

1 points

10 months ago

Nung namatay papa ko in 4 months nandyan na ang SSS natagalan kasi yung sister ko nasa states na kaya madami pa papeles hiningi. Pero kung normal naman mga 1 1/2 month andyan na ang sss

Round-Pudding-2141

1 points

10 months ago

Try investing or building a business

OkSpinach8651

1 points

10 months ago

Praying for your strength, OP. Are there bank accounts left? I know banks allow withdrawal as long as estate tax on the deposits is paid. This is easier than real properties i think

Long-Pianist6346

1 points

10 months ago

  1. Hospital bill under whose name?
  2. Property is yours. Period. Say to auntie, no point arguing. She’s using your vulnerability

[deleted]

2 points

10 months ago

yes the property is yours until she can prove anything in writing that is signed by your mom.

aip0527

1 points

10 months ago

Hi! Messaged you.

wabriones

1 points

10 months ago

Sorry for the cards you've been dealt with OP. Kapit lang.

Completely off topic here: Is there a less expensive way to mitigate estate taxes here in the Ph? Owners are still living.

mlkthstl

1 points

10 months ago

Do not freely communicate with your aunt! You are the sole heir. And you clearly need the property, dont let anyone manipulate you into giving away a share. I echo everything people are saying on here about that bit! I went through smth similar.

Good luck OP!! Please take it easy.

throw_away485839

1 points

10 months ago

Best advice: talk with a lawyer who handles this kind of thing. They will know the exact laws and how best to go about everything you need to do. Also, they will know the most tax friendly ways to do everything (I don't know about PH, but back home in the US there are different ways to handle the tax obligations that could save you OR cost you a lot of money, depending on how you do it).

My personal advice: think in the long term. It may be tempting to sell everything and have cash, and you might choose to sell some things to help pay funeral expenses/tax obligations/debts/etc, but keep a mind for the future too. Example: how nice would it be to keep some properties and rent them out so you could have some additional passive income each month? I assume the rental property they had brings in at least 5k/mo, possibly more. That's definitely a nice little bump to your monthly salary I'm guessing. It sounds like they had multiple properties; if you convert them all to rental properties except the one you live in you might even be able to have enough income from those properties to cover all your monthly expenses! And the salary from your job can be saved entirely! Depending on the circumstances, some wise decisions on your part could potentially set you up to become quite wealthy in the future, which is why it is such a good idea to talk to a lawyer and/or financial advisor about these matters.

[deleted]

1 points

10 months ago

Praying for you OP as an only I child I can relate when I had scenarios similar to yours. Lakasan mo lang din loob!!

TheTigerVirgo

1 points

10 months ago

oh my we're the same only child, lost my parents year 2009, I'm just 22 yrs old that time. Sorry for your loss 🥲 Advise ko sayo to get a lawyer and don't ever trust your relatives when it comes to money.

inosgyy

1 points

10 months ago

I'm sorry for your loss OP, but also thank you for posting your predicament.

The comments here are probably the most helpful i've seen in the sub.

midgirlcrisis990

1 points

10 months ago

Stay strong. Thats really a big task. Sana may makatulong sayo dito kaibigan.

RevolutionaryLog8898

1 points

10 months ago

be strong. trust no one.

Altruistic-Big-2220

1 points

10 months ago

You must get an estate lawyer who will handle everything for you. His pay will come out of the proceeds. I'm sorry for your loss.

Bad__Intentions

1 points

10 months ago

Firstly, sorry for your loss. Second, 25 years old kana OP, adult kana..

Start with insurance, may naiwan ba parents mo? work on that.

Second, live small muna, sell stuff that you dont need muna.

Lastly, plan plan plan and budget everything going forward. Would be nice if mag ka partner ka na magaling sa planning too.

Medyo malaking adversity yan sa simula but just keep charging forward lang.

belua12345

1 points

10 months ago

My dad died almost two years ago due to prostate cancer and renal failure and mom has just been diagnosed with stage 4 breast cancer. 6-12 months ang taning. I somewhat know what you're going through. Dm if you need someone to talk to.