Best Elder Law Lawyers in Antipolo City
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Antipolo City, Philippines
We haven't listed any Elder Law lawyers in Antipolo City, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Antipolo City
Find a Lawyer in Antipolo City
Philippines Elder Law Legal Questions answered by Lawyers
Browse our 7 legal questions about Elder Law in Philippines and the lawyer answers, or ask your own questions for free.
- Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by
- Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
- my mother want to revoke donation of properties to 2 grandchildren
- You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
- Will the youngest legal child receive all the beneficiaries of parents?
- Please contact me (text) via Viber +38970704335 I answer your question.Regards,Svetislav StojanoskiAttorney at law
About Elder Law in Antipolo City, Philippines:
Elder Law in Antipolo City, Philippines covers a range of legal issues that primarily affect older adults. These can include estate planning, healthcare planning, long-term care options, guardianship, and more. The main goal of Elder Law is to protect the rights and interests of senior citizens and ensure they receive proper care and support in their later years.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law in Antipolo City if you are dealing with matters such as creating a will or trust, navigating healthcare decisions, applying for government benefits, resolving family disputes over elderly care, or protecting an elderly loved one from abuse or neglect.
Local Laws Overview:
In Antipolo City, Philippines, the key aspects of local laws relevant to Elder Law include the Expanded Senior Citizens Act, which provides benefits and privileges to senior citizens, and the Family Code, which governs matters concerning family relationships, including inheritance and support. Additionally, there are regulations specific to healthcare and long-term care for older adults.
Frequently Asked Questions:
Q: Are there specific benefits for senior citizens in Antipolo City?
A: Yes, senior citizens in Antipolo City are entitled to various benefits and privileges under the Expanded Senior Citizens Act, such as discounts on goods and services, priority in government services, and exemptions from certain fees.
Q: How can I ensure that my elderly parent's wishes are honored in terms of healthcare and financial decisions?
A: You can work with a lawyer specializing in Elder Law to create legal documents like a power of attorney, advance directive, or living will that specify your parent's wishes and appoint someone to make decisions on their behalf if they become incapacitated.
Q: What legal options do I have if I suspect elder abuse or neglect?
A: If you suspect elder abuse or neglect, you should report it to the local authorities or Adult Protective Services in Antipolo City. A lawyer can also help you take legal action to protect the elderly individual and hold the abuser accountable.
Q: Can I challenge a will or trust that I believe was executed under duress or undue influence?
A: Yes, you can challenge a will or trust in court if you have grounds to believe it was executed under duress, fraud, or undue influence. A lawyer experienced in estate litigation can help you navigate this process.
Q: What government benefits are available for elderly individuals in Antipolo City?
A: Elderly individuals in Antipolo City may be eligible for benefits such as the Social Pension Program, PhilHealth coverage, and discounts on utilities. A lawyer can assist you in understanding and applying for these benefits.
Q: How can I plan for long-term care for myself or an elderly loved one?
A: A lawyer specializing in Elder Law can help you create a long-term care plan that addresses healthcare needs, housing options, financial considerations, and other aspects of aging. They can also advise you on long-term care insurance and government programs available in Antipolo City.
Q: What is the process for appointing a legal guardian for an elderly individual who is no longer able to make decisions for themselves?
A: To appoint a legal guardian for an elderly individual in Antipolo City, you will need to file a petition in court. The court will assess the person's capacity to make decisions and appoint a guardian if necessary. A lawyer can guide you through this process.
Q: How can I protect my assets and ensure they are passed on to my heirs according to my wishes?
A: An Elder Law attorney can help you create an estate plan that includes a will, trust, or other legal instruments to protect your assets and ensure they are distributed according to your wishes. They can also advise you on minimizing estate taxes and avoiding probate.
Q: What is the legal definition of capacity in relation to making decisions for elderly individuals?
A: Capacity refers to an individual's ability to understand and make decisions about their healthcare, finances, and personal affairs. If there are concerns about an elderly person's capacity, a lawyer can help assess the situation and determine the appropriate legal steps to take.
Q: How do I choose the right Elder Law attorney in Antipolo City?
A: When choosing an Elder Law attorney in Antipolo City, look for someone with experience in the specific legal issues you are facing, good communication skills, a compassionate approach to working with elderly clients, and a strong reputation in the local community. It's important to schedule a consultation to discuss your needs and ensure a good fit.
Additional Resources:
For more information and assistance in Elder Law matters in Antipolo City, you can contact the Integrated Bar of the Philippines Antipolo Chapter, the Department of Social Welfare and Development, or local senior citizen organizations. These resources can provide guidance, support, and referrals to qualified Elder Law attorneys.
Next Steps:
If you require legal assistance in Elder Law in Antipolo City, it is advisable to schedule a consultation with a qualified attorney specializing in this area. During the consultation, you can discuss your specific concerns and explore the best course of action to protect the rights and interests of elderly individuals. Don't hesitate to seek help and guidance when facing complex legal issues related to aging and elder care.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.