valery777 wrote:Under filipine law, if my mother has joint property ownership with my deceased father
1) Does my mother have full ownership where property held in joint tenancy passes to the surviving spouse automatically regardless of whom the decedent's heirs are?
2) If she has full ownership, is it correct that estate (inheritance)tax should not apply as the title automatically passes to the surviving owner?
3) Or does she have to pay estate taxes to get the land title changed?
4) If so, what are the estate taxes based on?
5) What are her rights as a joint owner?
I don't know if what I am going to share with you is applicable in your case: My mother and father left a real estate with the title in their names. When mother died in 1997, father continued the administration of the real estate (tenancy business), and father passed away in 2010. When we executed extrajudicial settlement among us heirs, we are so desperately that accdg to Tax Reform Code of BIR that within 1 yr. of mother's death that the surviving spouse (father) should have liquidated the half of the property which belongs to mother, but father did not do that. So, after 13 yrs, so much burden for us heirs to pay estate tax of my mother with all penalties and surcharges wayback 1997 till the date of payment; then on portion of father, we paid estate tax from his death up to date of payment. We needed to publish in the newspaper our extrajudicially settlement, pay transfer tax, and all unpaid realty taxes and all odds and ends necessities. Take note, because we are ignorant of law, aside from the penalties, surcharges, there is also compromise which is the non-notification of the death of mother and father within 6 months of their death. So, just imagine what all those cause us to be able to sell the property.
Re: your questions of how much is the estate tax, it depends on the gross estate value, whichever is higher, the market value on Tax Declaration and the BIR zonal value. Re: automatic ownership, I don't think so, check the Civil Code and Family Code re: conjugal property ownership/partnership. I believe only the administration of the property is automatically passed on to the surviving spouse. Re: the surviving spouse's obligation to liquidate within one year from death of the spouse, either judicially or extra-judicailly... check Rule 73 and 74 ofl the New Rules of Court. Gud luck...
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I AM NOT A LAWYER, JUST AN ORDINARY PERSON SHARING MY OPINIONS BASED ON THE EXPERIENCE I HAD AS RELATED ABOVE.
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