April 29, 2015

Dear Julius,

There are my answers to your queries.

1. How is the administrator elected/appointed? Are the SPAs executed by my relatives no longer applicable?

Answer:

Executors or administrators are usually named in the will. If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted by the court to:

(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to

serve;

(b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or

widow, or next of kin, neglects for thirty (30) days after the death of the person to apply for administration or to request that administration be granted to some other

person, it may be granted to one or more of the principal creditors, if may be granted to one or more of the principal creditors, if competent and willing to

serve;

(c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.

In your case, you are not considered the administrator of the Estate of Alice de Pio, what was ruled upon was the Declaration of heirs only.

2. Will you assist us in the preparation of the extrajudicial partition agreement?

Answer:

You and the other heirs can now meet and make an Extrajudicial Partition of the Properties you mentioned in query no. 3. What I will do on my end is to facilitate and process the extra-judicial settlement of the estate of Alicia de Pio.

2.1. Services entailed:

A. Phase 1 Payment of the Estate Tax

Preparation and Notarization of Extra-judicial Settlement of Estate

Identification of properties involved

Securing various documents such as tax declarations, tax clearances and others required for payment of Estate Tax

Preparation and notarization of Special Power of Attorneys

Preparation and Filing of the Estate Tax Return with the Bureau of Internal Revenue

Payment of the Estate Tax

Follow up and processing with the BIR

Expected Output: Certificate Authorizing Registration by the Bureau of Internal Revenue

Note: This document is required by the Register of Deeds and the City/Municipal Assessors to transfer the name of the title or tax

declaration as well as to close and withdraw the funds in the bank account owned by the late Mr. XXX

Time frame: One month to two months from submission of complete documents to BIR and payment of the Estate Tax

B. Phase 2 Transfer of Title/Tax Declarations in the name of the heirs

Publication of the Notice of Extra-judicial settlement in a newspaper for 3 consecutive weeks

Submission of Extra-Judicial Settlement and BIR CAR to the Register of Deeds and other required documents

Payment of transfer/registration fees

After new titles are secured, submission of the same documents to the city/municipal assessor for the issuance of new tax declarations

Payment of taxes (real property taxes if any) and fees

Follow up and processing with Register of Deeds and assessor

Expected output – Title and Tax Declarations in the name of the heirs.

Time frame: Two to three months from submission of the complete documents to the Register of Deeds and payment of fees.

C. Phase 3 Closing of the Metrobank Account

Surety bond in favor of the Bank effective for two (2) years to cover the amount to be withdrawn

Submission of the Extra-Judicial Settlement of the Estate and the BIR CAR as well as other supporting documents

Output: Closing of the account and withdrawal of the money

Time frame: One month from submission of complete requirements to the bank

3. The legal heirs are mostly nephews and nieces (offsprings of her deceased siblings). Are the deceased children and grandchildren of her siblings still considered as heirs?

Answer:

The heirs are only relatives of Alice, not the wives. Up to what degree of relationship? The siblings of the late Alice de Pio are all deceased.

4. “In the other properties” meaning except the 2 properties which are the subject of the 2 pending cases?

Answer:

Those who signed waivers may still participate in the other properties if you allow them.

5. In what way would these documents be useful if retrieved?

I can’t retrieve those waivers from the notarial files unless you give me the Notary Public’s name and the Doc. No. and the year it was notarized.