Legal Help Desk Episode 94: Estate Planning and Probate Proceedings

for most Filipinos death is a tough subject to discuss most of the plan ahead and therefore leave their loved ones to fight for what remains of their properties or a state as is the legal term most Filipinos are not aware of the different ways that can impart their estate their family and relatives aside from testate and intestate succession another option they can consider is estate planning estate planning is a process of arranging for the distribution of the testator's estate according to his personal wishes and requirements similar to testate succession only with estate planning it eliminates uncertainties such as debts and reduces taxes and other expenses that come with death and distribution of assets estate planning involves tools such as wills trusts beneficiary designations powers of appointment and attorney gifts as well as life insurance similar to testate succession estate planning must undergo a probate proceeding in order for the heirs to get what is rightfully theirs a probate proceeding is a process in which the estate of the deceased will be divided according to his or her wishes a series of hearings must be held to establish the death of the testator the genuineness of the will and the competency of the testator at the time the will was made this is done for the protection of the expressed wishes of the testator and not for the interests of the beneficiaries therefore the questions are what is estate planning and can this be a better alternative for testate succession since estate planning involves taxes what are these how much are they and who should pay them and what happens in a probate proceeding good evening you're watching to your help desk on 9 TV this show is about making the law work for you by giving the your advice on topics that matter to you I'm attorney Karen MNO and I'm attorney Rodney Palmisano in our previous episodes we've discussed your legal rights on testate and intestate succession tonight as part 3 of our discussion on succession we'll discuss your legal rights on the following topics estate planning and probate proceedings what you need to know about estate planning and how this can be an alternative to test its obsession or the making of a will we'll also discuss what you need to know about probate proceedings and how our guest for tonight our attorney Alfred Lazaro managing partner of the lateral law office and attorney BJ Jimenez law practitioner and a professor at the University of Santo Tomas good evening gentlemen DJ already done welcome again we're we're we're touching on this topic again it's kind of related to what we discussed before in previous episodes where we touched on testate and intestate succession and we're gonna be talking about estate planning and probate proceedings and Roger said a mouthful pnina mah probate proceedings festive in the state succession but I think for the benefit of our viewers not to be too legalese in short this is all about mana your inheritance if someone in the family passes away or a relative this is all about how you can basically get your inheritance or how you a lot of people don't want to talk about it because it's normally about death or you know they think about death you know an impossible but I think perhaps we'll start off with that know maybe a toreador you'd like to enlighten our viewers why it's important to talk about as the planning and why it shouldn't be such a bore I just as a starting point attorney Don Jose in case a canina or Utah pick you up on Miami now but I want to erase that misconception this is not just for the wealthy because today extend that you have something the least that you want is to either depreciate what you're leaving to your mod descendants or your mind you might make even more make it smaller by paying a lot of estate taxes because it chimera them away now legal to reduce that why not right so maybe attorney dog and attorney DJ that's something that you can enlighten our viewers on well that's the timing this person for most days it's a desire of the living to be able to transmit whatever he has to his ear so that cheapest possible amount less hassle now why do they say it's basically normally a problem of the rich people is because if the state is small you don't even have to pay much taxes already because the bracket will be low if I put in a bracket what at what rate or the value of the million there's even zero tax going to million problems so 2.2 million estate my buddy you don't have to be here not necessarily if the property left is a family home so to the extent of the first 1 million example at the end and then medibang state now 1 million plus the first 200 is 0 rated so in effect if the value is 2.2 million even if you proceed with the usual tests state proceedings where the extra judicial or judicial decree Magua Biden talks but again estate planning is very important because this will give you a better way as to how you would like your property disposed of in anticipation of death or incapacity so what are Dino know what are the different options we imagined earlier an introduction yet there are trusts there are donations the nation inter vivos while alive we have life insurance so perhaps we will folks and that before we touch on probate proceedings demand so let's begin for example I want to plan my my main state what's the very first thing that I need to do well you have to make an inventory of all your properties alone and then by coming up with an inventory then you can device what would be the best option for you indeed young the lesser payment of taxes is a consideration but more than that young desire Mon I remember unlike other jurisdictions in the Philippines although you can make your own bill but you are limited by the substantive limitations provided for by the if you have compulsory Aires you cannot just be quit your property to determine the person you wish oh okay I'll stop you there para let's translate it for the viewers they need lawyers when you say limitations because the American compulsory ears if you ma for instance if you have children you're really required to give property to them so will mana Azul Anita that you're leaving your properties to your best friend and to your parents god papa no you will known before it is satisfied you have to unlike let's loosen about your mom and said I know but yeah I think let's clarify that because a lot of a lot of people are asking me I have a will or may not had the will but left it all to veneering girlfriend yeah I say maybe the law already died is that possible and so we to clarify in the in the stage on other jurisdiction yes you can it's possible right but not in the but not in the Philippines but if is a Filipino citizen oh yeah so basically you have to set aside gap yes yes and that's why estate planning will come into play because in estate planning while you're still alive you have an absolute right as to how you want your problem disposed off you know where you're having an extrajudicial partition why their life I mean cancer to general extent anything goes even before your death or even you probate is part of estate planning sorry go ahead so US state planning very wide so even though I kept up with the monitoring traffic site in that case you might be subject to either donor stats or quite among buggying possible than a subject to sales tax I mean if I'm already giving so I know that in terms of Connemara I wanted these properties to rod pero I know that come so will because she's not a relative I have to give properties to my husband I'm supposed to but I'm a compulsory air skin husband Co if I want to give properties to rod now that I'm still alive then I know types of taxes you ma are in canaan homebuyer and because of that transfer well again it depends on the mode of estate planning that you will enter into if it is a sale although simulated man you will have to be subjected to the capital gains tax combination dementia we don't have stuff one peso Lanza yes in some cases what they do is they convert the property into a property of a corporation so while a Shang gain exchange of property to property land the giving shares of stocks this is the 40c to exchange the the be our hood forty Syria something to that effect although now I heard that be is very strict so an assumption Jack payment I've cut you off when you say it's very strict you're saying that they're not issuing a beer ruling or they're not allowing this tax free exchange is it the way I understand it is that I have property I will set up a corporation I will transfer my property into this corporation and in return I will get shares of stock is that correct nothing ever element gain me come back up any game belong in property moment correct so it's a swap so there's no there was an exchange I get another words my property has been converted sher shares of stock and which I can now give to my children or sell to my children at a lower at a lower rate is that is that is that how it works you can assign it so I hope people do that so basically people are doing that so that they'll pay it along the lower capital gains tax which I think the maximum is 10% visa Vida estate tax which is 20% is that correct supposedly but again since you're putting up a corporation you have to also be responsible as a corporate entity so technically you really have to submit the gis the a lot of competent organizations also when you have a because basically you have too much I would understand if your property is a property that's earning it's an earning assets so you find income taxes etc but let's say it's just it's a family home can you should you as part of estate planning should you set up a corporation putting the family home there when you know in fact that it's not really earning earning azzam and that is where a estate planning will come into play if it's impracticable it's given that anyhow you will not be paying more taxes then might as well go through the process and it's not even allowed to constitute a family home it has to be in the ownership of the ideas that you're not the not a corporation because it's a corporation ready ceases to be the DVD the main culture changes the tops of corporate so that the husband might become share who fell oh because the company yes okay okay nice start for our first job but at least for now we found out that that's one of the modes that you can put your assets in a corporation in order to basically make the allocation efficient but I guess we'll go into other modes of estate planning but for now we'll have to take a short break people helped us will return so stay tuned you're still tuned into detail helpdesk on nine TV with our guest attorney alfred Lazaro and attorney BJ Jimenez okay so attorney dormitory DJ at the usual thinking at least before and a couple of years ago is that you try to avoid estate tax as much as possible because of the high rate so people would but what they would do is donate inter vivos they would donate come on boy Mozilla to their children in thinking that that they reach the road rates are lower the tax rates are lower and then they'll just keep the use of rap or the right to use and the right benefit from that from that property but the naked titles already transferred to their children is that still a viable estate plan strategy well it depends again on the purpose of the of the person who wants to be creative properties mmm because they're also disadvantages to giving the property immediately to be okay where are those what are those and what if it turns out to be a kid that your donations you're putting a lot of restrictions already what's the point yeah that's what other people that's what he said there'd be other ways with him you want to be retain control over the asset but at the same time you can pass it on with the cheapest possible rate to but you can keep using your actually rights right like for example yes I'm donating this title but I keep use of use of property rights the rental income that I huge and is but what if he wants to sell the property the donors you might even be more expensive in the end okay how much is the donors back there said thank you so people ordinary so depending on the value so again you go back to the BC if it's not as much then maybe there's no need in fact the best thing to do is to first seek an assessment you look at the valuation of the property and if in the end the estate toughs that you will be paying would not be as much then donate any money for properties like land houses usually they appreciate and value at the time of the death of the person who whose property will be passed on to the minor even what is the basis for computing the tax rate is it the book value or historical value of that property or your current market value at the time the moment IRS evaluation of the Internal Revenue on every piece of land they have their own assessment already hmm and they can choose market value whichever is higher and then let's go back to a mode of transferring what if it's what you mentioned earlier eternity jaina simulated sale meaning I want to give property to rod while I'm still alive so we come up with the contract of sale because based on our computation Massimo Bob ions donor staska event of analysis on yeah but he only gave me 50 passes in return for instance for a property that's really worth 1 million good implications oh the be our killer of course this video even if you pay 50 pesos I mean we can still apply the property tax because every sire okay so the chick from donation there are other modes like trust no we always hear that like there's a normally a grand tour with the trustee who he entrusts this property or this asset to a particular trustee who then keeps that or uses that property for the benefit of a beneficiary can you can you give you two cents worth on on this mode and whether there are tax savings in trusts trusts I'm not much familiar with trust no but I think there may be some complications but since when there is a trust agreement in the monument in a transfer your entire yeah I know they so they're basically saying that if in the event that I let's say some if I something happens to me I die you will take care of this property for the benefit of my son nothing but just is basically that's very complicated we'll do you assign to the trustee mm-hmm can you give a little bit of an idea of the tax implications there let's see if it's an irrevocable trust or it's a revocable trust are there any tax implications if it's a trust it's not really yours yeah you're holding a baja estate but in other words dependent at first computing my estate independent not considered a transfer the ownership is transferred has it be transferred it's just pure benefit all right okay all right for other estate planning device okay what you need so marathon you can form a corporation and transfer properties there you can also give any insurance at the time you're still alive and then of course if it's a sale it has to be a moral dilemma magenta say theoretically that should it be allowed because it's a simulated transaction especially if it's if the intention is that the donation will take effect only upon the death of the person giving it that's considered under the law as more toccata meaning about illegality Parrinello it's an estate that's insurance proceeds is also one way of doing it if you designate a beneficiary as long as there is an insurable interest so that in a way that's subject to estate tax in there because there were beneficiary so it's not part of this case all right we have a couple of questions from our viewers octoman I'm a so Tim is asking I plan on applying for life insurance so we're discussing that can this be considered as part of estate planning what should I include in my life insurance question about this part of estate time well I don't do it that way because you just try to ensure that something is being given to us when something happens to it's not although it's a it's a part of the estate it's a device so it's it's more of actually planning for the future of your it's sure that itself is to be able to give some or live something their children and again to clarify any proceeds from life insurance it's not something to a state that's right provided I think it's depends what education an irrevocable and also provided that payment exceptions I like except I don't say I think you don't make that state as the beneficiary oh yeah if there is the beneficiary then that's about it all right that's a good point all right we have another question from rod Elia may I know the process in filing a deed of donation what are the things we need to remember before and after we file one does it require that the deed need to be signed by the donor in front of the lawyer since she finds it difficult to go to places due to old age so Mohammed older name actually under the law no there is no specific form of any agreement except that if the law provides a particular formality either for a possibility to make it binding the third persons or for validity in case of a donation this is one type of contract where the law requires a formality which is it must be under oath both the act of donating in the acceptance for purposes of validity so under oath mimic a Londoner yes but your acceptance in the under oath in donations and under oath the will I'm sorry that the nation is not valid because a here the formality is determined for purposes of validity so a requirement you onl require Mesa for validity to be in a public instrument both the acceptance that's all okay all right the conscious the question whether you need to be in front of a lawyer especially on authorization I think that's a Redell yeah you need a lawyer you need actually a notary public all right okay so now if I may had no yes if the mother cannot leave the house you can request a notary public the man provided it's within his jurisdiction to go to go to the place have it subscribed what about witnesses do they need witnesses I think so just to be safe though nobody documents require witnesses all right now okay so we have another question from in s this time in that's wrote my grandparents died in the u.s. in the 80s and left a small residential lot but this lot was not partitioned by my father and relatives I'm not afraid that we'll be paying a big amount of estate tax plus penalties since it was not partitioned for more than 25 years what are the rates for estate tax does it depend on the size of the lot and how much it is valued for per square meter so so the grandparent father died 35 years ago but never partitioned it to her that her but were to her parents so now what what happens to that they can resort to what we refer to as an extra judicial settlement of estate even if it's 25 years ago on value Naaman will be computed myself 25 there may be penalties but if the value is small then it's not gonna hurt much much but I do suggest that they proceed now with the extrajudicial settlement of estate nalang if all of them can agree on agree on that is better so that means they agree among themselves without having to go to court it's an agreement the lawyer will prepare an extrajudicial settlement this will be published and it becomes now they have to pay the estate taxes and then that the property can be transferred to whoever in fact they can even resort to an extrajudicial settlement with sale so if they want to assign a single person to own the property for purposes of selling it or there is a buyer it will be devised in a way in a single instrument which is the extrajudicial settlement with sale so is some transplants foreign language is direct from the decedent to the buyer Filipa teapot Andina from the parents yes that's funny hey de la and then I get to answer or the in SS question Sabina I said what if the McConnell per square meter actually it's based on the total value all of them so it doesn't it's not measured per square meter and there is a valuation already of the Internal Revenue okay thank you and we still have a lot to discuss but now we'll have to take another short break legal help this will return after these messages you you're still watching the hill helpdesk on nine TV with our guests after in the alfred Lazaro and a thirty bj he met it turn it on Atari DJ let's talk about probate proceedings demand people hear about that a little bit allergic with it cuz they don't know what it what it is really in a nutshell what what is probate probably it is a proceeding within you bring a will to court for the court to determine the validity of the formalities of the wheel what it to be passed on to the heirs for the implementation of the it's during this proceeding where where the court will say up in the Vatican we letter because it failed in certain formal you first go will be face one which is your execution the city of the wheelwright and then once it passes that stage then you go to the intrinsic validity of the substance substance it's - alright and then if I were someone who of course either either left the will and also did estate planning meaning vahanam trust I also executed a trust how do I know or how do I make sure they have tips now it will really be executed when I pass away because usually a lot of unpredictable events happen execution will have to come from the executive so is there a way for me to assign something to make sure it's in the will its ad well if it's not in the will the left Court will intervene to water to supply the determine administrators no no the executor after that and then the provisions of the will will have to be implemented by the executor and the executor will have to be accountable to the court that everything is being followed because he he posts a bond takes an oath does that excite young question for if there's a guarantee in in reality there are instances when the heirs would no longer probate the villa for practical consideration say they will just consider the disposition and have it settled extrajudicially so there's really no assurance because you're dead but the only way to assure it is that when you file the you you file the probate of the wheel while you're still then you can do that yes our laws do not prohibit that there but I I do not know if in the Philippines very common young probit Kuna people probably mobile hi-capa but that is a lot easier from a nobody will how can you testify that this yes you will yes and you don't have to undergo the like at least for the Dynamo opposed I said normally Shemp intro beat me and but there there might no problems there for example if let's see if I probated my or how many will probated well now what I've lived but lit after that let's see it was approved no I add more assets or I have less assets by the time I die no you should is it enough you know will the assets the division would be a percent meaning half of my you so will it's very specific I am giving this asset I know yeah it's and devices and gifts it's very property because because it only takes effect upon death technically even if you probate at your bill you can still shoot thing you want do you want in fact if I go to give you the house if I want to sell it while I'm sitting like this till seven you can even prepare multiple bills if you wish I guess my question is if you have had your will probate that at a time but you had X amount of assets by the time you die your assets are not the same and therefore legitimate were effective it can be also validated but the probate can assess attorney said earlier would be limited initially to be just a form the disposition of the will the substance you will come later okay that's what Kevin said nobody nobody says I'm going to give my house to this nobody listen to Jim alright alright so when we're can that the testator filed file for it oh yeah if you there's me the ears will find it immediately upon this which quarter residents of that depends on the amount but of course is it so we're normally it's beyond the jurisdictional requirement of an MDC so it goes to the original article so for the income less than four hundred thousand sir MPC and when you talk of the Vanunu man usually the the last residence of the president if out of the country then wherever his property is located okay all right we still have some questions Twitter and Facebook our Twitter and Facebook pages are burning so Sharon is asking what will happen to the property left in case one of the common-law partner dies Wow very good question well again how long have they been together because common let me say maybe live in right if they were only living it for six months what are we talking about nothing whoever he or she is here here's my question Attorney dome right now the back after four years you're considered common law when you have a common-law partner and then five sorry five years and then you can have that certified right in common law partnership and then there's a recent provision in the law that allows you sharing of the property your deep corners if you'll be living in together that's but in life or five years yes so in case you're common-law partner you can live in before at least five years passes away can you then claim co-ownership of properties even without a certificate of that common law yes you can publish you were living in for five minutes and that you were leaving us husband and wife five years would suffice and then if one one happy some something happens to one of the parties right you first break the property owner he call she first and then they remain there will be the estate of the one who died that's the one which would be partitioned among whoever you're entitled to it yes and something we have to clarify to our viewers common-law partners it does not equate to being married so whom you live in you're a legally married but to someone else better separated lung it's the legitimate wife who has or husband who has the right to the properties or the inheritance so in this case you have to resort to estate planning what can happen to you so naughty even plus the feminists would say estate planning is very important times she's not really very beautiful no kasama mo for 20-30 years and then if something happens to your partner than the wire suddenly or the husband suddenly appears oh I love you so much same-sex cuz it's at them well on same-sex marriage so what if you have a relationship with you the lower bills they have a common law they've been living together for ten years over five years but they're same-sex obviously they cannot get married can they still benefit from this common-law relationship well again it's a $64 question because the we really recognize same-sex so it's not certain we don't you can probably prove that you've invested on the property as scores so they cannot automatically benefit from that provision okay we have another question from bhaji I recently came into possession of my grandfather's original last will which was never submitted for probate since his death in 1965 I'm an heir and would like to dispute it can I be the petitioner and disputed as well so why speak wait there is no need to preserve the well if you think no but it was pathetic it was what's the point since 1965 there's no I mean he doesn't have he's not cause nothing to oppose because there is no really a being implemented to an authority is not obligated to surely somebody now would want to introduce the wheel that's that time see going to be civilly or criminally liable if he held on to the will and withheld it meaning don't better I own eight percent for prob'ly is a requirement it should be presented in fact there's a provision in the rules that you the court can directly holder to present it to the coin okay I don't know what you're saying if no one knows it then he doesn't have to where is she committing an offense by withholding or by hiding the will yes because they're mandated to select now it's a bhaji you have to present the winner but they only have to do is please ask the person who has it sure you know he said they learned about it that he was a dispute he found it he said he found it came into possession yeah so I guess he has to present it and then come air in the lungs don't feeling and inaccurate then he'll dispute the will hide it yeah okay he shouldn't hide it I mean I guess he's obliged Abyssinian HDB good alright our next question is from Gina and I'm one of the beneficiaries of my grandfather's will which is made in Canada sometime in the year 1986 he left a property in Compostela can we use his will to transfer the property to us the beneficiaries left here in the Philippines his sons and daughters in Canada were not mentioned in the will as beneficiaries how long will it take to probate and how much does it cost for probate proceedings we have to assume is Canadian because there were the beneficiaries we're not we can qualify assuming the grandfather's national was Canadian and then the national law in Canada will apply so that they would have to check with Canada if it's valid for the grandfather not to include the historians three years in the will said the our viewers should understand once you're a Filipino anywhere you go you remain filipino so our loss on succession philippine loss of session will follow even if you're in canada but if you're Canadian right if you're a Canadian then the national Low Income short comb Philippine open grandfather even if he made the will in Canada he cannot eliminate his children from because they are compulsory years unless they he excluded them on valid grounds of this inheritance what if dual citizen so we have another question from Wilfred though my father died 10 years ago and until now his will has not been probated one of my brothers died two years ago and is survived by his illegitimate daughter will she be entitled to my brother's inheritance even if our fathers will has yet to be probated can we dispute this during the probate proceedings so moccasin with mundane I think by substitution acquiring rights you know no matter you yeah I think we have to determine what the share of his brother was depending assuming it's equality no no matter young father by substitution she becomes entitled to eat those so they cannot dispute they cannot just remove her what I think is illegitimate right she's a legitimate so there is no right of representation $30 basically fund in this case if the question it goes to the brother right so yeah we know there is that what you call me you know legitimate Kim illegitimately not a man that's not right of representation from the legitimate normally if in this case no matter your father and then there were children under him and then one of the children died as well young grandchild can substitute the father in terms of inheriting from the grandfather pero con illegitimate Hindi boiling mud substitute so you might Matane Anna will pass on to the siblings who survived so the fact that illegitimate children are compulsory heirs at least they're given half the right of a wife of one legitimate legitimate child in this scenario being an illegitimate child is really a disadvantage well because there is no right represent all right very interesting and there bacon and onions all right not quite to the no more time for estate planning we haven't really touched that one hours certainly not enough so yeah after me Vijay thank you're not there any dog and sure yes before we go play in question but a falcon joint account is it legal for one of the spouses to withdraw money to the extent of what she owns 50% is theoretically I usually they say we certifying a boy for you code depository but maybe someone asked this can can a husband and wife do a joint will yeah but can it be joined in the in one will the two of them are signing that yes but the problem what we're doing yeah right okay so you say for practical purposes indicated but legally I don't see a joint you can bind your own there's so much it love-bombing invention McGrew a new injury if I said okay but that's very interesting thank you so much a 30 day an attorney doll thank you for helping answer questions as well we'll take another break legal help this will be back so stay tuned welcome back to legal help desk on nine TV and today we had a very yeah it's always good to have them yeah 30 a DJ and a tornado yes and again one of the biggest misconceptions is that estate planning is only for the wealthy people in fact but to the extent allowed by law if you can really plan ahead how can i efficiently pass on my properties to my children to my grandkids you should do it while you're still alive the question yeah when do we do it the answer is the genetic code now when do when should I start estate planning the answer is yesterday yeah but you should have started yesterday because para an ene but I'm you know a credit card when you know Oh some credit card debt you don't want to incur any penalties the bow on the deed that you have to pay they didn't pay parent and I'm gonna state time you know you have to start doing it now while you're young and you know even if you don't have you said not even for the rich people but if you have assets definitely you have to start planning again you might among types different types of tools not allowed by law for estate planning is one you can either start donating properties to people that you want to benefit so con writer if you there's a certain house in lot that you already want to give away to your parents for instance then you can execute a deed of donation and it will be subject to donors taxes and then a little boy well there's also setting up a corporation or that that's the usual thing that people do know there's tendency to to set up companies normally it sometimes but they do plan one property one corporation but we have some caveats there now obviously if you're setting up a corporation and that's it's great what basically happens it transfer your your property to a corporation and the corporation in turn will give you shares of stock so now you're holding shares of stock now needing the property the property is now owned by the corporation and in that regard you can get it a br ruling that's supposedly that'sthat's free they say well any money on well I'm Adam payment no it's just an exchange of assets and then eventually you can then transfer your shares of stock your ears however in transferring the shares of stock dear dear heirs there's capital gains tax on the transfer of shares of stock no so mayor mayor ending capital gains done and you also have to consider that it's not purely estate plan it's not purely a tax avoidance thing or task evasion a lot of people are trying to avoid taxes as they plan it also involves practicality for example do do your children want to be in one corporation know if they're not imagine the original it's very hard to put one asset in a corporation mahira be splitting your property no no so another device that they can consider would be trust and this is creating basically a trust arrangement wherein you choose someone nothing at all going trustee so that if anything happens to you if you haha walk know either assets no money and then you also designate a beneficiary meaning this trustee will administer that property or the cash and then give it to the beneficiaries that you also designate and another thing you can consider also in terms of making looking after you consider my beneficiaries new or you my potential heir snow would be insurance so you can get insurance for them and you have to make sure that they are irrevocable buying the subject to estate tax meaning in Dimona bow-bow-bow a cilium beneficiary does the insurance proceeds yeah epitaph you were the irrevocable even in trust no if you don't if you put irrevocable that means you have given that trust already well not it that do not form part of the state some people do that in order to reduce the the extent of their estate when they make an irrevocable trust all right so another helpful tip for those out there now considering that they will plan based on a will you can already probate meaning whether you not approve you validity no will know even before you pass away i know it sounds weird but at least it ensures now go and you will dig in a wine in your proven nasha so that if something happens to you you know numbers you soon and you will they know yeah okay so we know that one hour is never sufficient to to cover as they planning but we hope we were able to cover enough for you to have a working idea on how to plan your estate all right so moving on we have received some questions and comments from our viewers on topics we have previously discussed Melanie is asking what will happen to the conjugal properties I acquired with my ex-husband after our annulment is granted do I still have a right over this Oh prop so they got a nod but for some reason they acquired property I mean they're good friends but since you're already annulled you don't have a marriage anymore which means Nandina higher subjects absolute community of property or conjugal partnership of gains which are the basically ways that property relations are regulated by the law between husband and wife so in this case Parrinello I am strangers to each other legally under the law so in terms of buying property to the extent now Macomb 1 km contribution you can be co-owners of that property arrangement if if the the ex-husband gave let's say 60% of the of the price and then you get 40% usually 60/40 co-ownership alright we have another question from Eugene a friend borrowed a huge amount of money from me and hasn't paid me yet there was no contract involved when this was done because she assured me that she would pay me back can I file a case against her and what ok well you can still file a collection case yeah or you can Eugene you can file a collection case that's a civil case for specific performance for the payment of that loan so I qualify own contract in writing of about the loan you can still file a case against your friend and then some qualifications though in decoupling semilla interest don't come kite me Ossipon ko9 you Tanya Barbara Bobby are on an interest you cannot basically go after that interest rate if it's not in writing because it's under the law that's one of the requirements that if alone has to be paid with interest the interest payment has to be in writing rather wife but in your book where there's cost you have again when you file a case you have to have evidence so ideally there should have been people who apart from you who will testify that the mi guitarra or maybe some letters or emails that he sent that acknowledging that he he or she owed you know so you have to have some kind of evidences and for others out there now Papa town that's the benefit of asking for post-dated checks because if it bounces and the person who issued it to you knew now what animation sufficient balance they can be prosecuted for a staffer or a VP 22 bouncing checks off all right okay now some comments some positive comments Stravinsky tweeted you have a nice show good concept unpretentious and meaty I've never been called that in my life I think that no I'd the content okay we have another comment June posted on Facebook your episode on ATM and credit card fraud was very timely and very informative Thanks thank you so much also June for sharing that comment all right very encouraging a comment indeed and keep them coming please visit our Facebook pages and our Twitter pages so that's all the time we have for tonight we'd like to thank all our viewers who send us their legal questions and comments on our social media page I'm rod a Tory Rajapaksa and i'm attorney Karen you may know if you have any questions or comments on our topic for tonight you may post these at our Facebook and Twitter pages join us again next Monday as we discuss your legal rights goodnight you

Channel: 9 News & Current Affairs

Views: 13,523

Rating: 4.7956204 out of 5

Keywords: Legal HD, Legal Helpdesk, Karen Jimeno, Rod Nepomuceno, Probate (Legal Subject), Estate Planning

Id: mUmQoFpEqZw

Length: 49min 35sec (2975 seconds)

Published: Thu Sep 11 2014