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how to sell a conjugal estate if the husband had past away 11 yrs. ago

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Je-Ann C. Salvador


Arresto Menor

my grandparents owned a real estate properties (all conjugal). my grandfather passed away 11 yrs ago and all their assets titles are still registered under my grandparents name up to this present time. they have 3 children. my grandmother wants to sell one of their properties. how can she go by selling their house & lot since the title is still under her name and my grandfather's name. & also my grandmother hasn't paid any kind of tax whatsoever (aside form the realty tax that she pays yearly) from the time that my grandfather passed away 11 yrs ago. are there any form of tax that she has to pay as a result of my grandfather's death 11 yrs. ago? if ever my grandmother would pursue to sell her property does she need to obtain the signatures of her 3 children for the deed of sale? what is the legal process for this procedure?

attyLLL


moderator

she owns half in her own right, and estate taxes need to be paid for the other half. all the properties where the grandfather had interest have to be included in his settlement of estate.

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stallone rambo


Arresto Menor

attyLLL wrote:she owns half in her own right, and estate taxes need to be paid for the other half. all the properties where the grandfather had interest have to be included in his settlement of estate.
this is of the same case as my mom and dad wherein my dad had passed away 6 years ago. Do we still need to undergo extra judicial settlement just to remove the name of my dad to TCT and make my mom the sole owner of the property? Is there a penalty for late filing? thanks and God bless

attyLLL


moderator

yes, and yes, there are penalties that will be imposed by the bir.

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stallone rambo


Arresto Menor

attyLLL wrote:yes, and yes, there are penalties that will be imposed by the bir.
thanks for the help atty

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