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  • From Forebears to Heirs: Bequeathing Property in the Philippines

    “…but in this world, nothing can be said to be certain, except death and taxes.”

    – Benjamin Franklin, in a letter to Jean-Baptiste Leroy, 1789

    By Realttorney®

    This article was written for Filipino-Americans and other Filipinos who are dual citizens and have inheritance in the Philippines from deceased relatives. It is also for Filipino-Americans or non-resident Filipinos who own real estate in the Philippines. This is your guide to heirs, wills or no wills, and estate taxes in the Philippines.

    So, let us begin.

    Whether you own one or several real estates, or have an inheritance here in the Philippines, you’ve probably thought about what will happen to the parcel of land, house, or condominium unit when you or your close relative passes away. How can you secure your rights to the inheritance? How can you make sure that your properties in the Philippines end up in the right hands, without creating family conflict and needless litigation?

    In all parts of the world, transferring real estate to the heirs of property owners is not as simple as writing their names on a piece of paper. There’s a legal process, documentary requirements need to be prepared, and yes, estate taxes must be paid before you or your loved ones can truly claim ownership.

    Now let us start to detail everything you need to know about how to pass on property in the Philippines from the registered owner, especially if you’re living abroad. Whether you’re an heir who is a co-owner of properties in the motherland or a property owner planning for the inevitable, this guide will walk you through the process, clearly and confidently.

    🧬 Who Can Inherit Property in the Philippines?

    Let’s learn the basics first: Under Philippine law, real estate can pass to a select few, if the decedent passed away with or without a will.

    ✅ Compulsory Heirs Include: (1) Your legitimate children or descendants; (2) Your parents or ascendants, if you have no children; (3) In some cases, illegitimate children are also entitled; and (4) Your spouse.

    ✳️ These heirs are entitled to a “legitime”, a portion of your estate that the law reserves for them. You cannot freely dispose of this portion if a will has been executed by the testator. However, if you die without a will, your estate will be distributed based on intestate succession rules under the Civil Code. It is up to the property owner to make a last will and testament. But seek competent legal advice for this. And, if you get word that you have an inheritance from a relative in the Philippines, then you have to determine whether your relative passed with or without a will.

    🪪 Step-by-Step: Legal Process for Transferring Property to Heirs

    When a person passes away, the property does not automatically pass to the heirs. Here’s the process that must be followed:

    Step 1: Determine If There’s a Will.

    With a will (testate succession): The will must be probated in court. You need to contact the Executor of the will to determine what is to be bequeathed to you.

    Without a will (intestate succession): The estate will be divided among the legal heirs as per the provisions of the law on intestate succession – the default estate plan of the State in the Philippines.

    📌Note: Even if the will was executed abroad (e.g., in the U.S.), it must still be “probated” in a Philippine court if it involves property in the Philippines. The process involves the filing of a Petition for Recognition of Foreign Judgment in the trial court where the property is situated. The foreign judgment here is the Order of the Probate Court in the United States.

    Step 2: Prepare and Settle the Estate.

    What needs to be prepared? Before collating all the required documents for the processing of the settlement of the estate, whether via will or not, one must first identify all properties, both personal and/or real. Next is to determine the value of each property in the name of the registered owner.

    After this, if the estate is liquid, then paying the debts and liabilities of the deceased person is in order. However, if the estate is illiquid, then the heirs should agree to sell the property to pay for all the debts and liabilities that are outstanding.

    These steps will be hassle-free if all the heirs agree to be civil and amicably discuss anything and everything about settling the estate. However, disputes among the heirs are not uncommon, especially when the value of the estate is enormous, or there is an unresolved family issue from the past.

    When all heirs are in unison, they can execute an Extrajudicial Settlement of Estate to be used as the transferring document at the settlement of the estate before various government agencies in the Philippines. Collate the documents that are needed for submission to the Bureau of Internal Revenue, the Local Government Unit, and the Registry of Deeds.

    💡Tip: Engage an experienced estate attorney in the Philippines to guide you and avoid costly errors or delays.

    Step 3: Pay the Estate Tax.

    📉 Last May 7 and 8, 2025, I had the privilege to lecture regarding the settlement of the estate (entitled, “From Forebears to Heirs”) and taking advantage of the benefits of the estate tax amnesty, which expires on June 14, 2025. Now, if you want to settle the estate of a deceased relative after June 14, 2025, then you need to understand the following points.

    1. The estate tax rate is 6% based on the value of the net estate.
    2. The standard deduction is PhP 5 million for citizens in the Philippines.
    3. The standard deduction for a non-resident not a citizen of the Philippines is PhP 500,000.00.
    4. The deduction on the market value of the decedent’s family home is now PhP 10 million.
    5. The Estate Tax Return (BIR Form 1801) should be filed within 1 year from the date of death. Any filing passed this period will merit penalties, surcharges, and interest on the estate tax due.
    6. The estate tax return showing a gross value exceeding PhP 5 million shall be supported with a statement duly certified by a CPA.
    7. Payment by installment shall be allowed within 2 years from the statutory date of its payment without civil penalty and interest.

    ✅ Kindly note that the share of the decedent in the Family Home is only half of the total allowable amount since he or she is merely a co-owner of the house and lot that is identified as a conjugal or community property. And, finally, if the net value of the estate is under PhP 5 million and you claim the full standard deduction, you may not owe any estate tax.

    Once the net estate has been determined based on the documentary requirements submitted to BIR, the payment of the estate tax is now in order at the Authorized Agent Banks (AABs) or the Revenue Collection Officer at the Revenue District Office (RDO).

    Step 4: Transfer Title to Heirs. Once the estate tax is paid and the documents submitted at the BIR, the Certificate Authorizing Registration (CAR) shall be forthwith issued. Along with the (1) CAR, you need to prepare these documents: (2) the original copy of the transferring document – will or EJS – that was processed by the BIR; (3) original owner’s duplicate copy of the Torrens title; (4) certified electronic copy of the existing land title; (5) certified true copy of the tax declarations; (6) tax clearance; (7) Heir’s Bond and (8) the valid IDs of all the heirs, among others.

    📌 These documents will be submitted to the Registry of Deeds in order to cancel the old land title and eventually issue a new Transfer of Certificate of Title. The registration fee for the transfer of the land title in the name of the new owner is the final expense that will be paid by the heirs.

    ⚠️ Only after this step can the property be legally owned by the heirs in the eyes of the Philippine government. Heirs cannot transfer, sell, or mortgage the property until the estate tax is paid.

    🔑 Options for the Settlement of Estate. There are two primary ways to settle an estate in the Philippines:

    1. Judicial Settlement. This is the option when there is a Last Will and Testament that was executed by the testator before his or her death. But, if there is no will and the Heirs are in conflict with each other, then there is no other option but to go to court to settle the dispute between the heirs.

    Finally, if one or more heirs is a minor and the property belonging to the estate will be sold to a prospective buyer, then the portion of the minor to be sold should be confirmed by the Family Court to make it legal and valid.

    The Court proceeds with the probate and oversees the distribution of the properties owned by the testator and the payment of all outstanding debts and liabilities to the creditors of the testator.

    2. Extrajudicial Settlement (EJS) of Estate. This option is often used when the deceased left no will. It should be noted that the execution of the EJS is not under any provision of the law on succession. It is based on the Law on Contracts.

    The EJS is a document where all the heirs of the deceased agree to adjudicate and partition among themselves the entire estate of the deceased relative. The heirs should be of legal age. But, if some are not of legal age or an incapacitated to sign a contract, then they should be adequately represented by an Attorney-in-Fact or a duly appointed Legal Guardian by a Family Court.

    This document should be notarized and must be published in a newspaper of general circulation once a week for 3 consecutive weeks. An Affidavit of Publication will be given at the end of 3 weeks of publication. Then this Affidavit should be submitted to the Registry of Deeds, as part of the documentary requirement for the transfer of the Torrens title to the names of the Heirs.

    💡 You can also opt to partition the estate via waiver of rights, donation, or sale among heirs simultaneously with the settlement of the estate of the deceased relative.

    📄 Important Documents You Need to Prepare

    Whether you’re in the U.S. or any country in the world, make sure to prepare the following for submission to the BIR:

    1. Death certificate (issued by PSA or foreign equivalent).
    2. Birth certificate (issued by PSA or foreign equivalent).
    3. Marriage certificate (issued by PSA or foreign equivalent).
    4. Deed of Extrajudicial Settlement or probate documents.
    5. Original owner’s duplicate copy of the land title (OCT/TCT/CCT).
    6. Tax Declaration from the local assessor’s office.
    7. Tax Clearance for the current year.
    8. Valid IDs of all heirs.

    The BIR Certificate Authorizing Registration (CAR) is the proof of estate tax payment and any other taxes paid as a result of the settlement of the estate of the deceased.

    🗺 What If the Heirs Are Overseas?

    If heirs are in the U.S. or any other country in the world, here are some tips:

    Sign SPAs abroad and have them authenticated by the Philippine Consulate, or an Apostille Certification has been issued by the foreign ministry of the host country, whichever is applicable.

    Coordinate with an experienced estate lawyer in the Philippines to process probate, tax filing, and title transfer.

    Ensure you have TINs (Tax Identification Numbers) issued by the BIR—required for all heirs, even if abroad.

    Consider setting up a family corporation or trust to manage the property, especially for large estates or multiple heirs. For complex estate planning issues, it is best to consult an estate planning professional in the Philippines. Apart from setting up a family corporation or trust, consider other Estate Planning Tools like life insurance that can help preserve wealth and reduce tax exposure.

    📣 Final Thoughts

    Transferring property to your heirs in the Philippines can be smooth and rewarding, but only if you plan ahead. As a Filipino-American or overseas Filipino, you’re already navigating two legal systems—so don’t leave it to chance.

    Get the documents ready, talk to a licensed estate lawyer, pay the necessary taxes, and, most importantly, make sure your wishes are clear and legally valid.

    That way, when the time comes, your loved ones can focus on remembering you, not struggling through bureaucracy.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.

  • Understanding Joint Wills and the Alternatives for Couples in the Philippines

    “Some people decide all the estate planning they want is a will. They prefer the ease of using a will to the more complicated methods needed to avoid probate or reduce death taxes.”

    – Atty. Denis Clifford, Author of “Plan Your Estate with a Living Trust”

    By Realttorney®

    In the Philippines, joint wills, which are wills executed by two or more persons, are prohibited under Philippine law. Joint wills are wills that are typically executed by married couples, where they express their wishes for the distribution of their assets after their deaths in a single document. However, due to legal restrictions, couples in the Philippines need to explore alternative options to effectively execute their last will and testament. In this article, we will delve into the prohibition of joint wills in the Philippines and discuss the best alternatives for couples who wish to execute their wills.

    Prohibition of Joint Wills in the Philippines

    Under Philippine law, joint wills are not recognized and are considered null and void. Article 818 of the Civil Code of the Philippines provides that “two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person.” This means that couples cannot create a single joint will expressing their joint wishes for the distribution of their assets after their deaths. This prohibition is rooted in the principle of freedom of testation, which allows individuals to freely express their own wishes and preferences in their last will and testament.

    Reasons for the Prohibition of Joint Wills

    The prohibition of joint wills in the Philippines is based on several reasons. One of the main reasons is to ensure that each person has the freedom to express their own individual wishes and preferences in their will. Joint wills can potentially create conflicts of interest between the parties involved, as their interests may change over time or after the death of one of the parties. Additionally, joint wills can also be vulnerable to undue influence or fraud, as one party may unduly influence the other in the preparation of the will.

    Best Alternatives for Couples

    Despite the prohibition of joint wills in the Philippines, there are several alternatives that couples can consider to effectively execute their last will and testament:

    Separate Wills: Couples can create separate wills, wherein each spouse executes their own individual will expressing their own wishes and preferences for the distribution of their assets. This allows each spouse to freely express their own wishes (or make specific bequests as each desires) without any conflicts of interest or potential undue influence.

    Mutual Wills: Couples can also consider executing mutual wills, which are separate wills that contain reciprocal provisions. Mutual wills are typically used by couples who want to leave their assets to each other and then to their chosen beneficiaries after both spouses have passed away. Mutual wills can include provisions that restrict the surviving spouse from changing the beneficiaries or the distribution of the assets after the death of the first spouse.

    Moreover, mutual wills typically contain an agreement not to revoke or alter the terms of the will without the consent of the other spouse. Mutual wills are often used to ensure that the surviving spouse is taken care of and that the agreed-upon distribution of assets to heirs or beneficiaries is carried out.

    Trusts: Another alternative is to create a trust or a series of trusts as part of an estate plan. Trusts can be established during the lifetime of the spouses or through their wills. A trust allows assets to be managed and distributed according to the specific instructions outlined in the trust document. It can provide for the surviving spouse’s needs while also ensuring that the assets are ultimately distributed to the intended beneficiaries.

    Family Arrangements: While not legally binding like wills or trusts, some couples may choose to rely on family arrangements. This involves open discussions and agreements among family members about the distribution of assets after the couple’s passing. While such arrangements may be informal, they can help guide the family and reduce potential conflicts. Just make sure that all the children are on the same page and will strictly follow the arrangements outlined by the parents.

    It is important to consult with a qualified attorney or estate planning professional in the Philippines to ensure that the chosen alternative aligns with existing laws and the Rules of Court. Experienced estate planning attorneys can provide personalized guidance based on the couple’s specific circumstances and help draft the necessary legal documents to establish an effective estate plan.

    Conclusion

    While joint wills are prohibited in the Philippines, couples have alternative options to effectively execute their last will and testament. Separate wills, mutual wills, and trusts are recognized under Philippine law and can provide couples with the flexibility to express their individual wishes and preferences for the distribution of their assets after their deaths. It is essential for couples to seek legal advice from a qualified estate planning attorney to ensure that their wills or trust agreements or documents are valid and comply with the legal requirements in the Philippines. Proper estate planning can provide peace of mind for couples and their loved ones, ensuring that their assets are distributed according to their wishes after their deaths.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is a Chartered Trust and Estate Planning (CTEP®) professional who is committed to educating Filipinos about the value and importance of having an estate plan in their lives.

  • Cultivating Your Legacy: Understanding Probate and the Role of Wills in Estate Planning

    “Wills are trumped by legal titles to real estate or beneficiary designations on financial accounts, retirement plans and insurance policies.”

    – Jean Chatzky, President & CEO of HerMoney, Personal Finance Columnist

    By Realttorney®

    When it comes to estate planning, many individuals may assume that simply creating a will is enough to ensure that their assets are distributed according to their wishes. However, there is much more to estate planning than just executing a Last Will and Testament.

    One of the key considerations in estate planning is understanding probate and the role that will play in this process, especially in the context of the Philippine Law on Succession. Do you really need a Will or are there tools that are more appropriate to your current situation and circumstances?

    According to the Civil Code of the Philippines, there are two kinds of will – notarial and holographic. A holographic will is one which is entirely written, dated, and signed by the hand of the testator. According to Article 810 of the Civil Code, “It is subject to no other form, and may be made in or out of the Philippines and need not be witnessed.”

    Meanwhile, a notarial will is one which is signed and sworn to by the Testator (or signed for him/her by a person in his/her presence at his/her express direction), then likewise signed and sworn to by three credible witnesses all in each other’s presence and acknowledged before a notary public, who is not obligated to retain a copy of the notarial will being notarized.

    If you did execute a will, what happens next?

    Article 838 states that “No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court.” In addition, the Testator may, during his/her lifetime, petition the court having jurisdiction for the allowance of his will. In such case, the pertinent provisions of Rule 76 of the Rules of Court for the allowance of wills shall govern.

    Therefore, the allowance or the presentation of a will is a legal process where a will is submitted to a court of competent jurisdiction to be probated. This is a mandatory process, and the probate of the will cannot be dispensed with. Therefore, unless the will is probated, the right of a person to dispose of his property may be rendered nugatory.

    However, the Supreme Court of the Philippines held that in the probate of the will, the authority of the Philippine court is limited to ascertaining the due execution or the extrinsic validity of the will as provided by Section 1, Rule 75 of the Rules of Court. Due execution is “whether the testator, being of sound mind, freely executed the will in accordance with the formalities prescribed by law, as mandated by Sections 805 and 806 of the Civil Code.” [In The Matter of the Petition for the Probate of the Will of Consuelo Santiago Garcia, G.R. No. 204793, June 8, 2020]

    Now you know that the probate process is overseen by a court and can be a lengthy and costly process, depending on the size and complexity of the estate. As an example, the case of the Probate of the Will of Consuelo S. Garcia was filed on August 11, 1997, was and decided with finality by the Supreme Court only on June 8, 2020. It took almost 23 years. Do you want your heirs to litigate for more than two decades?

    This is why informed individuals choose to engage in estate planning to help simplify the probate process and ensure that their assets are distributed according to their wishes, at the soonest possible time, and at the least possible cost. Although I normally dissuade clients from executing a will, this estate planning tool still has its merit.

    The Role of Wills in Probate. A will is a legal document that outlines a person’s wishes for the distribution of his/her assets after he/she passes away. As stated above, when a person dies, the will is presented to the court as part of the probate process.

    The will serves as a roadmap for the court and the executor of the estate (the person appointed to manage the estate during the probate process) to follow when distributing the assets. If the will is valid and there are no challenges or disputes, the assets are distributed according to the instructions in the will.

    If a person dies without a valid will (known as dying intestate), their assets will be distributed according to the Law on Intestate Succession under the Civil Code. I always say that the law on intestate succession is the estate plan of the State for those who did not create their own estate plan. The law on intestate succession distributes your assets to your relatives who you feel do not deserve to get a share of your estate.

    Even though I would dissuade clients from executing a will, I would be remiss not to discuss the process of creating a Will in the Philippines.

    For those who are convinced, creating a will is also an important part of estate planning, as it helps ensure that your assets are distributed according to your wishes. Here are some tips for creating a will:

    1. Work with an Estate Planning Attorney. An experienced estate planning attorney can help you create a will that is tailored to your specific circumstances and meets all legal requirements. They can also help you navigate the probate process and ensure that your wishes are carried out as intended.

    2. Identify Your Assets. Before creating a will, it is important to identify all your assets and how you would like them to be distributed. This includes bank accounts, shares of stock (listed or unlisted in the stock exchange), real estate, vehicles, investments, and all other types of personal properties.

    3. Identify Your Compulsory and Voluntary Heirs. In general, when someone executes a will, their estate is typically composed of two main components: the legitime and the free portion. The legitime is a portion that is legally reserved for compulsory heirs and is distributed according to specific ratios outlined in the Civil Code of the Philippines. On the other hand, the free portion can be bestowed upon anyone (voluntary heirs), so long as the recipient is not legally prohibited from accepting an inheritance or a donation.

    4. Name an Executor. Name an executor in your will who will be responsible for managing your estate during the probate process. This should be someone you trust who is organized and responsible and must be a resident of the Philippines.

    5. Keep Your Will Updated. It is important to keep your will updated as your circumstances change. This includes changes in your assets, heirs, or executor.

    Estate planning is a dynamic process. If you so desire to execute your last will and testament, then you should understand that as your circumstances in life change for the better or worse, after the will is executed, then you have the power and the choice to amend your will or scrap the old and create a new will even.

    Avoiding Probate. If you are now having second thoughts about making or executing a will, then let me share with you why you should avoid probate at all costs. Here are several compelling reasons why you may want to avoid probate:

    1. Time-consuming process: Probate proceedings can be lengthy, often taking years or even decades to complete. During this time, the assets of the deceased are tied up or frozen in limbo, causing delays in distributing them to compulsory and voluntary heirs, if any.

    2. Costly: The probate process is an expensive endeavor, with various fees and costs associated with the process, including court fees, attorney fees, executor fees, and appraisal fees. These expenses can significantly reduce the overall value of the estate.

    3. Lack of privacy: Probate is a public process, which means that the details of the decedent’s assets, debts, and heirs become part of the public record. This lack of privacy may not be desirable for individuals who value confidentiality or privacy.

    4. Loss of control: The probate court oversees the distribution of assets according to the provisions or the terms of the will. However, when the estate is hotly contested the court has the final say in how the assets may be distributed, which may not align with the decedent’s desires or wishes. It is not outside the realm of the discretion of the Court to ask that the litigant-heirs enter into a compromise to put an end to the acrimonious litigation between formerly close relatives.

    5. Family conflicts: Probate proceedings can often lead to family disputes and conflicts. It is impossible to guarantee with complete certainty that an individual’s estate will smoothly transfer to the heirs without any conflicts, particularly when the involvement of in-laws comes into play. Typically, a perceived unequal distribution of the estates among compulsory heirs engenders disagreements or challenges to the will. This conflict can further delay the distribution of assets and create emotional stress for the family members involved.

    6. Business disruptions: If a decedent owned a thriving business, probate can disrupt its operations, especially if the court has to appoint a special executor to manage the business affairs during the probate process.

    To avoid these potential drawbacks, individuals often employ estate planning strategies such as creating living trusts, designating beneficiaries on retirement accounts and life insurance policies, and gifting assets during their lifetime. These strategies can help bypass probate or simplify the process, ensuring a smoother transfer of assets to intended beneficiaries while minimizing costs and maintaining privacy.

    Here are the options to consider avoiding probate through estate planning:

    1. Irrevocable Living Trusts. An irrevocable living trust is a legal document that allows you to transfer ownership of your assets to a trustee while you are alive. This can help avoid probate, as the assets remain in the trust after you pass away and are distributed to your beneficiaries according to your wishes. This can help avoid the probate process altogether.

    2. Gifting. This is commonly referred to as a donation. The National Internal Revenue Code allows for a PhP 250,000.00 tax-free donation by a donor to anyone. By planning for timely and regular donations to one’s heirs, the estate planner would shrink his/her gross estate so that when he/she passes away the estate will not be exposed to a high amount of estate tax.

    3. Beneficiary Designations. Designating beneficiaries for retirement accounts, life insurance policies, and other assets is an important tool to avoid probate because it allows certain assets to pass directly to designated individuals or entities without going through the probate process. Key-Man Insurance for the owner of the business, life insurance policies of the decedent designating his/her children and spouse as beneficiaries, and retirement account proceeds are some concrete examples of this.

    In summary, estate planning is an important process that can help ensure that your assets are distributed according to your wishes. Creating a will may be a part of this process, as it serves as a roadmap for the probate court and the executor of your estate.

    If you are convinced to make a will, then it is important to act immediately and work with an experienced estate planning attorney to ensure that your wishes are carried out as intended. Remember to identify your assets, identify your heirs, name an executor, and keep your will updated.

    But it is likewise important to consider ways to avoid the probate process, such as revocable living trusts, gifting, and beneficiary designations.

    Hence, by taking the time to engage in estate planning and understanding the probate process and its pros and cons, you can help ensure that your assets are distributed according to your wishes and provide peace of mind for you and your loved ones.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is a Chartered Trust and Estate Planning (CTEP®) professional who is committed to educating Filipinos about the value and importance of having an estate plan in their lives.

  • What is an Estate Planning Attorney?

    “Death is not the end. There remains the litigation over the estate.”

    – Ambrose Bierce, American short story writer, Journalist & Poet

    By Realttorney®

    An estate planning attorney is a special type of attorney who specializes in helping individuals and families plan for the orderly distribution of their assets after death or incapacity. He or she is a certified professional that creates an estate plan that will ensure the wishes of the individuals and families concerning their finances and properties are carried out after death or in the event of incapacitation.

    Also known as an estate planner, some websites say that an estate planning attorney is someone who specializes in “end-of-life planning” or premature death planning. But, most importantly, an estate planning attorney helps inform and educate the general public about the estate planning process, as well as the laws, rules, and regulations that affect the transfer, partition, distribution, and taxation of one’s estate.

    Why do you need an estate planning attorney?

    Estate planning attorneys create an enduring legacy.

    Estate planning attorneys review current estate laws and regulations to advise clients of their rights and duties, and suggest options for reducing taxes on their inheritance, providing for the care of family members, and creating an enduring legacy.

    The role of an estate planning attorney is to provide clients with knowledgeable, compassionate advice that helps them make informed decisions regarding their financial and personal welfare. Moreover, the estate planner can help the clients properly administer the estate of a deceased family member or friend.

    In this capacity, he can provide guidance on the tasks involved in settling an estate such as filing the necessary court documents, locating and appraising assets, and distributing the deceased’s property in accordance with the wishes of the client.

    It is important to note that the benefits of working with an estate planning attorney are numerous. These include asset protection, avoidance of probate court proceedings, tax savings, and peace of mind. The process of estate planning involves a deep understanding of existing laws and interpretation of those laws with the purpose of developing an estate plan that works for the individual or family. Once the estate plan is in place, it is important to execute the documents and communicate any changes in laws that may impact the plan.

    What do estate planning attorneys do?

    An estate planning attorney is among several professionals (tax advisors, financial planners, and life insurance agents, among others) that assist individuals to create estate plans based on their unique situations and concerns.

    Depending on the unique situation or circumstance of each client, the estate planner provides an array of services that include –

    1. Identifying legal or compulsory heirs, legatees, or devisee;

    2. Preparing or drafting a will, powers of attorney, and other estate planning documents;

    3. Creating healthcare directives and plans for long-term care;

    4. Assist in determining the best kind of trust for the client, creating such a trust that will protect the assets, and funding the trust to provide for the financial needs of the beneficiaries in the future;

    5. Coordinate with the financial advisor to reduce estate tax and other tax burdens through effective tax planning; and

    6. Identifying ways to avoid probate proceedings.

    The cost of working with an estate planning attorney varies greatly depending on the complexity of the estate and the expectations of the client. Generally, legal fees range from a few thousand pesos to many thousands of pesos.

    Yet, working with a trusted estate planner who has experience preparing estate planning documents is worth the investment in order to get the outcome desired. He is a treasured and reliable resource as one works through the process of estate planning.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is a Chartered Trust and Estate Planning (CTEP®) professional who is committed to educating Filipinos about the value and importance of having an estate plan in their lives.